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How ofte can a father go with no contact with his child before its child neglect?

I have custodial custody but he still has visitation rights and chooses not to call nor write or come see our 3.5 yr old n hasnt paid child support a few months. Is there a law like child abondement or neglect or no bc hes not custodial parent?

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Asked by Irishgurl8605 at 11:05 AM on Sep. 29, 2009 in Preschoolers (3-4)

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Answers (7)
  • I don't think it can be called abandonment or neglect because he is not the primary caregiver - you are. It would be called being a "deadbeat dad", however, and there ARE legal courses you can take to remedy the child support issue. His paycheck can be garnished and sent to you. But as for simply not being present in his child's life, well, nobody can MAKE him do that - and anyway, would you really want him around your babe if he didn't WANT to be? That's a sure way for a kid to feel even worse about themselves. At least if he isn't present at all you can say, "Daddy is really busy at work" or something, instead of trying to explain why he didn't remember to pick them up from school for the third time, or come to their birthday party like he promised to.

    Answer by Iskkra at 11:15 AM on Sep. 29, 2009

  • It is court ordered to b garnished but he changed jobs n they havent caught up with him yet n its been months. I dont want him around but hes going to break her heart when he chooses to be cuz he will say yea im coming to get u say fri n than never show..i just wish he could be outta her life forever!! ugh!! it sux she has to suffer for my mistakes!!

    Answer by Irishgurl8605 at 11:25 AM on Sep. 29, 2009

  • Depends on where you are. Minimum 5 yrs in MI before I even have a shot in hell of removing joint legal

    Answer by KLBrown at 11:39 AM on Sep. 29, 2009

  • I have a friend who had a similar issue. Father never visited, and didn't want to until she was 4, then all of a sudden he wanted to visit, call and have her meet his other children. My friend set up rules to ease her in but he was uncooperative and was constantly letting her down. SO, she filed for full custody. Now in PA he would've had to go to 6 months of parenting classes once a week in order to get shared custody. He decided it wasn't worth his time and signed away all rights...only bad part is that would mean no more child support. But, if you're ok without it and him I would look into custody laws in your state and see what you could do.

    Answer by lynda_dora at 3:35 PM on Sep. 29, 2009

  • ask him if he'd be willing to sign away his parental rights, if he agrees then you nor your daughter would never have to worry about him again but of course you would loose the child support, but he is not even paying now so not much to loose!

    Answer by Anonymous at 10:18 PM on Sep. 29, 2009

  • It depends on what your state's laws are, but I think it's generally 1 year. However, I would check on that to be sure because neglect/abandonment laws vary by state.

    Answer by neonds13 at 3:11 AM on Sep. 30, 2009

  • he has said a couple times i he refuses to sign over rights.over his dead body he says!

    Answer by Irishgurl8605 at 9:28 AM on Oct. 1, 2009

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