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  1. #1
    Join Date
    Jul 2017
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    Default How to File Abandonment on an Absent Non-Custodial Parent

    My question involves child abuse or neglect in the State of: Utah.
    I dont know if im in the right forum, i need to find out how to file abandonment on my childrens father, he has been out of the picture all of their lives, in and out of jail.

  2. #2
    Join Date
    Mar 2016
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    2,289

    Default Re: How Do I File Abandonment on the Other Mia Parent

    Were you married when the children were born or unmarried? If unmarried was his paternity ever established? Is there a child support order? Is it paid? Has he ever visited them?

    This is the Utah Code on child abandonment: Utah Code §76-5-109 I can't seem to get it to pull up for me.

    https://www.burtonlawfirmpc.com/chil...l-rights-utah/

    https://www.childwelfare.gov/pubPDFs/groundtermin.pdf

    http://utahdivorcehotline.com/child-...-laws-in-utah/

    http://www.defenselawutah.com/Crimin...andonment.aspx

    Maybe these links will help. You should find a lawyer to consult with as well.

    Honestly if he's not bothering you, is it worth it to poke the sleeping bear?

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: How Do I File Abandonment on the Other Mia Parent

    Quote Quoting maniamedusa
    View Post
    My question involves child abuse or neglect in the State of: Utah.
    I dont know if im in the right forum, i need to find out how to file abandonment on my childrens father, he has been out of the picture all of their lives, in and out of jail.
    Only the State can terminate his rights involuntarily.

  4. #4
    Join Date
    Jul 2017
    Posts
    3

    Default Re: How Do I File Abandonment on the Other Mia Parent

    never married. yes paternity was established. no child support order. he has seen them one time about 4 years ago or so. Yes it is worth it! he is a drug dealer, a drug addict, he lives on the streets, he is in and out of jail, he just got stabbed ( i heard through the grapevine) in a drug incident, he was abusive emotionally, i could go on. and thank you so much for your information

    even if he has abandoned them? how do i get the state to do that then? do you know?

  5. #5
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: How Do I File Abandonment on the Other Mia Parent

    How old are children ? Be prepared for him to want try and get visitation. He may try and he may not. He may succeed and he may not. Are you prepared to let him have visitation, if ordered to by the court ? This could back fire of you. I agree about not waking sleeping bears.

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: How Do I File Abandonment on the Other Mia Parent

    If you have remarried and are now exploring stepparent adoption, then abandonment can provide a basis to terminate the other parent's rights if he opposes adoption or cannot be located.

    If you are wanting to terminate the other parent's rights "just because", it's not going to happen. If you think that the present visitation order needs to be modified to reflect the fact that there is no contact, so that the other parent cannot suddenly appear and start demanding visitation, you can consider petitioning the custody court to suspend visitation until further order of the court.

  7. #7
    Join Date
    Jul 2017
    Posts
    3

    Default Re: How Do I File Abandonment on the Other Mia Parent

    yes that is why, i want my husband to adopt them. They are 8 & 6 years old.

  8. #8
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: How Do I File Abandonment on the Other Mia Parent

    If you want to pursue a termination of parental rights and step-parent adoption, consult a local family law attorney. It's not a good do it yourself type of case.

  9. #9
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: How Do I File Abandonment on the Other Mia Parent

    Quote Quoting maniamedusa
    View Post
    never married. yes paternity was established. no child support order. he has seen them one time about 4 years ago or so. Yes it is worth it! he is a drug dealer, a drug addict, he lives on the streets, he is in and out of jail, he just got stabbed ( i heard through the grapevine) in a drug incident, he was abusive emotionally, i could go on. and thank you so much for your information

    even if he has abandoned them? how do i get the state to do that then? do you know?
    But if he isn't coming around asking to see the kids why bother messing with the courts? If you file to have his rights terminated, he might just start showing up again or file for visitation. Some people are petty like that.

    You have it good right now. There's no visitation order. He doesn't come around and bother you or the kids so why do you need to file for abandonment or get his rights terminated? You're probably not going to have an easy time doing that and generally the court does it if there's a stepparent to adopt the child(ren).

    If you want to pursue this go talk to a lawyer. Some do free consultations. But I very highly doubt you get his rights terminated.

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