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Is it considered child abandonment if the father does not exercise his visitation rights?
Unfortunately it is not... I was in a similar situation just over a year ago. IF you're currently pregnant I would suggest keeping your mind focus on anything other than "the one that left". It is unhealthy for the mother as well as the child.
Once you've had your child and after you've gotten accustomed to understanding "what it takes" to raise an infant alone - educate yourself quickly regarding the matters of child custody and child support. Obtain a good attorney if possible.
If your case doesn't mediate (working out your own arrangements for custody/child support) with the father, then a judge will decide. Though the dad will not "appear" to be the most ethical person based upon his behavior, it is completely irrelevant in a court of law. He will be considered a legal parent the moment he signs an Affidavit of Parentage after the birth or through court proceedings.
If he requests custody rights (decision making) and visitation, he will get it. Not necessarily a lot of it (provided you're unwilling to allow a generous visitation schedule).
If you're interested in making a case for abandonment there is such a thing called constructive abandonment. If a man knows himself to have a child on the way, has not registered himself as a potential father in the registry, and has failed to establish a relationship or financial support for the child within 6 months - that can be considered as "abandonment" of the child by a court of law. However keep in mind, unless the other parent is willing to waive his parental rights (which I do not suggest as a resolution over the long haul) then he can then begin to exercise his rights. If you are married, your husband is automatically considered the father whether he actually is or not. If you are unmarried, you have sole legal custody of the child until some form of litigation occurs and another custody arrangement is ordered.
When/if you pursue him for child support, I would recommend filing for custody first (before he has an opportunity to do so) and requesting child support, medical expenses, attorney fees and any other expense as necessary to pursue the case. Then I would had the enforcement over to the local child support enforcement agency so that they can discover his income (without his assistance) and get an order for child support in place with a wage assignment (money comes directly out of his paycheck and chance of getting into arrears is not as likely).
If child support is not established quickly, you can always turn it over to your attorney to expedite. However using the CSE Agency is less expensive. You can always go back to court for any back child support owed from the date of filing (even retroactive child support is possible). Even if the retroactive or arrears is not instantly payable to you, an arrangement can be made with the NCP to pay an additional amount on top of the regular child support obligation. Property liens, credit reporting or past due support and tax interceptions are all options for collecting past due child support that will have likely accrued while establishing support.
I am stressing child support, but not because it is the most important issue. In my opinion, custody is the most important issue. However, you will likely be required to go to mediation before the case goes to court. In mediation, you do not have to speak with him until after paternity is established. The mediator will determine if your case should go to court (in the event you and the other parent cannot agree on the arrangements). Here's where child support helps, a NCP that is currently paying child support and already has arrears against them is more likely to be flexible in mediation because they don't want to pay for any more court costs at that point - if possible.
Finally, in mediation it is important to ask for what you want specifically. Anything that is important to you in the rearing of your child - ask for it. It is better to ask for it and allow the other parent to decline than to have to live with an impractical arrangement. Also keep in mind the number of overnights in your state that will modify the support amount. Only allow generous visitation with your child to the NCP if they want the time with the child for the right reasons. Many fathers (particularly those that don't stick around through the pregnancy) want more custodial time so that it is a reduction in child support. Be aware of this. Additionally, make the visitation arrangements as specific as possible. For example, if the NCP is more than 15 minutes late for the visitation exchange the visit will be cancelled. Otherwise, you could be held responsible for not waiting endlessly for a late/nonzhyphenzarriving NCP to arrive. Additionally, it is acceptable to ask (particularly for a young child) that since the father wants rights that he be the primary caregiver and be physically present during his custodial time. Why? You don't want your child to visit unless he is present because it is uncertain who will be caring for your child and the quality of care. If the NCP is held accountable during his visitation time then should any problems arise then you have a clear line of accountability to the other parent.
I could continue, however, I will say that everyone's situation is different. Having said that I do genuinely hope that your relationship with the other parent can improve and not be adversarial. However, in the event that is not possible, put yourself in the best position to protect yourself and your child legally.
If you opt to not pursue the NCP and retain sole custody be advised that he can take court action against you at any time. Custody is not permanent, it is ever changing. Please consider the story that will be told to your adult child and not your infant. Take whatever actions you need in order to be able to say that you did everything in your power to be a good parent and leave the other parent in a position where they must answer for themselves. If you allow the parent to waive their rights, the story could be that you were so angry at the NCP that you wanted him out of your lives - of course the NCP will advise the child he always wanted to be a part of their life but you were the problem. Just one of many examples.
I apologize for such a lengthy response however I can tell by the question you're asking that you need a lot more information on this subject matter. However, time is on your side. For now the most important thing you can do is have a healthy pregnancy.
In the event the poster of this question is "the dad that left", there is only one additional token of advise I can offer to you - remedy the way you've gone about this pregnancy as soon as possible. Attempt to establish a supportive, positive relationship with the mother of your child before the child is born. It will save you so much more if you behave like a responsible man on the front end, and it will cost you far less on the backend. A child never goes away, and generally neither does the other parent. Consider it a commitment already made even if it is not one that you would have hoped for. Best wishes!
What else can I help you with?
Is it considered child abandonment when a father does not exercise his visitation rights for a certain length of time?
yes, but is the gatekeeper mother creating problems to the point where he gave up?
How can you force the father to exercise his visitation rights?
You can't
Can visitation be stopped if the father has no home?
Yes, visitation can be stopped if the father has no home.
Is it abandonment if a mother leaves her child to live with the father for six months if the child is 13?
Outside the designated orders of the court, it would be considered abandonment 30 days after the end of any period of normal access rights.
Can the father see the baby when he wants and take the child home?
Yes. If there is a visitation order.Yes. If there is a visitation order.Yes. If there is a visitation order.Yes. If there is a visitation order.
If a father hasn't seen the child for 2 years since she was born in Iowa is this considered abandonment?
yes it may have to be 2 months for it not to be abanment
How can my son get visition papers to see his kids in fl.Court said he can.The mother said no?
Need to file a petition for visitation. If the father is the biological father he has a right to visitation. There is no court that will not grant visitation to a father. Unless it is proved in court that the father is unfit. There has to be proof of that.
Will the courts give visitation when a father pays child support?
Not automatically, but the father certainly has a right to move for visitation and, ordinarily, it should be granted.
What is the abandonment law in Alabama?
To be considered child abandonment in Alabama, a parent or legal guardian must leave a minor child with no money, clothing, shelter, food, or communication for over 3 months. If this happens, their rights can be stripped from them.
If a father has visitation rights but rarely comes to see his child what steps can be taken?
It depends on what you want to do. If you don't mind about the father rarely visiting, then there are no steps to be taken. It really is a matter on what you want to do about the father rarely visiting his child.
Does the father have a right to see his child if he pays csa?
Child support and visitation are two separate issues. The father has the right to request a visitation schedule with his child. Visitation is not dependent on paying child support.
Do I as the primary custodial parent of my six-year-old son have the right to say who he spends time with while visiting his father?
No his father has that right when he exercises his visitation rights. You have no legal right to that kind of control.No his father has that right when he exercises his visitation rights. You have no legal right to that kind of control.No his father has that right when he exercises his visitation rights. You have no legal right to that kind of control.No his father has that right when he exercises his visitation rights. You have no legal right to that kind of control.
