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Father Wants Visitation After 8 Years of Abandonment

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  • 02-16-2011, 11:03 AM
    cnedra_83
    Child Abandonment/Abandonment of the Mother
    My question involves child support in the State of: Texas

    I was with a man years ago. I ended up pregnant, and I told him such. Less than a month later, he was gone. Not a phone call, nothing. I didnt hear from him again unil my daughter was three months old. I told him that she had been born. Didnt hear from him again until I filed for child support nearly 8 years later.
    He wants visitation. I'm alright with that, but on MY terms. Am I able to request back child support? Also, what can I do in regaurds to the child abandonment and abandonment of the mother?
  • 02-16-2011, 11:04 AM
    cnedra_83
    Father Wants Visitation After 8 Years of Abandonment
    My question involves a child custody case from the State of: Texas
    Originally posted this in child support thread accidentally.
    I was with a man years ago. I ended up pregnant, and I told him such. Less than a month later, he was gone. Not a phone call, nothing. I didnt hear from him again unil my daughter was three months old. I told him that she had been born. Didnt hear from him again until I filed for child support nearly 8 years later.
    He wants visitation. I'm alright with that, but on MY terms. Am I able to request back child support? Also, what can I do in regaurds to the child abandonment and abandonment of the mother?
  • 02-16-2011, 11:38 AM
    Lawrence084
    Re: Child Abandonment/Abandonment of the Mother
    Quote:

    Quoting cnedra_83
    View Post
    My question involves child support in the State of: Texas

    I was with a man years ago. I ended up pregnant, and I told him such. Less than a month later, he was gone. Not a phone call, nothing. I didnt hear from him again unil my daughter was three months old. I told him that she had been born. Didnt hear from him again until I filed for child support nearly 8 years later.
    He wants visitation. I'm alright with that, but on MY terms. Am I able to request back child support? Also, what can I do in regaurds to the child abandonment and abandonment of the mother?

    Were you married to this man? (I am assuming you were not) If that is correct, then you can only go back to the day you filed for Child support. (in most cases) there have been rare exceptions, but that usually tends to be with couples who were married at some point in time.

    As far as child abandonment...It is one of the very few options a NCP has. Whether to be in the picture or not. So no, there no such thing as Child Abandonment for unmarried couples. beside the leaving the child alone that type of abandonment still enforced.

    Abandonment toward the mother......Seriously....I think 99% of the NCP would be locked up for that if there was a law.
  • 02-16-2011, 12:03 PM
    cnedra_83
    Re: Child Abandonment/Abandonment of the Mother
    No, we were not married.
    According to texas law, "voluntarily, and with knowledge of the pregnancy, abandoned the mother of the child beginning at at time during her pregnancy with the child and continuting through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth."

    He's done all of that. Left while I was pregnant, and ignored me and the child for years. I'm just trying to find any angle I can to have things work out in our favor.
  • 02-16-2011, 12:31 PM
    PQN
    Re: Child Abandonment/Abandonment of the Mother
    Quote:

    Quoting cnedra_83
    View Post
    I'm alright with that, but on MY terms. Am I able to request back child support? Also, what can I do in regaurds to the child abandonment and abandonment of the mother?

    If he files in court, he will get visitation on the JUDGE'S terms. If he is local, expect a period of introduction and then EOW and Wed evenings, or something similar. If he does not file in court, then you can keep it on your terms.

    You can file for child support and it will likely be ordered from the date that you filed; not back to her birth. (What happened when you filed? How long ago was that?)

    Legally, he didn't abandon anyone. Legally, he still doesn't have a child -- only 3 ways a guy gets to be legally dad: be married to mom, sign the AOP, or have a court determine paternity. Your weren't married, he didn't sign the AOP and there hasn't been a court determination yet.
  • 02-16-2011, 12:59 PM
    Neal1421
    Re: Child Abandonment/Abandonment of the Mother
    Is he legally the father of your child? Did he sign the AOP, or Birth Certificate? If not, he legally had no child to abandon. Therefore, that would not apply.
  • 02-16-2011, 01:21 PM
    Dogmatique
    Re: Child Abandonment/Abandonment of the Mother
    Quote:

    Quoting Neal1421
    View Post
    Is he legally the father of your child? Did he sign the AOP, or Birth Certificate? If not, he legally had no child to abandon. Therefore, that would not apply.



    Neal, this isn't quite accurate for Texas - it can be considered abandonment per statute if he upped and left her during the pregnancy and never bothered with support or contact.

    Having said that, it's somewhat moot - Dad apparently WANTS contact, so Mom's not going to be able to use abandonment at all.

    Yes, Mom, Dad can waltz back into your lives even after 8 years.
  • 02-16-2011, 01:25 PM
    cnedra_83
    Re: Child Abandonment/Abandonment of the Mother
    No. Only reason "dad" contacted us was because I filed for support. He never waltzed in. The state told him to show up.
  • 02-16-2011, 01:27 PM
    Dogmatique
    Re: Child Abandonment/Abandonment of the Mother
    ...regardless he's entitled to file for visitation.

    That's what you indicated in your first post.

    Hence, he'll get at least some sort of visitation schedule if he files in court.
  • 02-16-2011, 01:28 PM
    cnedra_83
    Re: Child Abandonment/Abandonment of the Mother
    Mind, I filed once a year in a different county for seven years. Either my paperwork was misplaced, it never arrived in the mail, etc.... Certified mail every time, and I have receipts. I ended up having to move to a different county just to be able to move forward with all of this.
  • 02-16-2011, 01:38 PM
    Dogmatique
    Re: Child Abandonment/Abandonment of the Mother
    None of which changes the legal answers :)

    If he files for visitation, he'll get it. If he does file and your child hasn't seen him in years...I strongly suggest that you consider counseling, since it can be a difficult transition.
  • 02-16-2011, 01:43 PM
    cnedra_83
    Re: Child Abandonment/Abandonment of the Mother
    Obviously.... I just... maybe you're right. The issue lies with me.
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