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anyone know how to stop someone from filing abandoment charges?

im in a bad situation right now my kids are staying with their dad because i have no stable place for them and i thought that would be best for them right now well he told me today that he was gonna file abandonment charges on me so he wouldnt have to go to jail for non payment of child support i know it sounds bad for me not stopping the child support but i figure if i stop it he wont pay when i can get a place for me and the kids im trying to find a job and house but with the economy the way it is its hard to find a job does anyone know how i can stop him? i love my kids to death and this is hurting me i am doing everything i can for them thanks in advance

 
Anonymous

Asked by Anonymous at 12:54 AM on Oct. 20, 2009 in Relationships

This question is closed.
Answers (8)
  • You cannot accept child support checks if the children are not living in your residence. Child support is only rewarded to the custody holder, or in your case the permenant place of residence of the children. (Only if that is a bioligical parent of the children) It is fraud actually to accept child support payments if the children are not currently in your residence. However, if the children are not living in your residence, then the father would have no grounds to win a case of negelct on your part. Due to the children being in a stable home with the father and not in your immediate care. You should stop the child support payments that you're recieving, as that will show up in court if the case of negelct does go through. You will be held accountable for accepting child support payments in a current childless home. I understand that you are unemployed, but again you cannot accept payments if you are not the soul residence.
    JazzlikeMraz

    Answer by JazzlikeMraz at 1:28 PM on Oct. 20, 2009

  • you can't stop him from filing for abandonment charges on you, but if you have been in contact with the children at all he will not succeed in removing parental rights. They might change the court order, but if you are having regular contact (please check your state laws to figure out what YOUR state has determined is "regular") then he is not likely to get what he wants.
    outstandingLove

    Answer by outstandingLove at 12:57 AM on Oct. 20, 2009

  • i call them everyday and i try to get them on the weekends but he wont always bring them to me i would get them on the weekdays but they go to school thats another reason he has them because of the school all im doing is looking out for whats best for them and hes making it seem like im an unfit mother and im not he has only had them for acouple months i am about to have a nervous break down over this
    Anonymous

    Answer by Anonymous at 1:02 AM on Oct. 20, 2009

  • Don't have a nervous breakdown. That will give him one more thing against you.
    Relax. If you're having as much contact with them as you say you are it is extremely unlikely that the court will even accept the case.
    Check the laws for your state! in california the parent has to be out of the pic for 1-2 years before the custodial parent can file for abandonment.
    outstandingLove

    Answer by outstandingLove at 1:26 AM on Oct. 20, 2009

  • yea- he wont be able to file for abandonment charges. how old are your kids? make sure that you have proof on teh times you call, for how long and who you talk to (and if you cant talk to the kids, who said that and the reason why).

    If anything, the support order will be changed for you to pay him CS... but that might need a different court entirely.
    Shy_Dia

    Answer by Shy_Dia at 8:00 AM on Oct. 20, 2009

  • child support & visitation are separate issues.
    Anonymous

    Answer by Anonymous at 12:39 PM on Oct. 20, 2009

  • my kids are 6 and 4 i think he just loves starting crap with me to make it harder on me
    Anonymous

    Answer by Anonymous at 1:07 PM on Oct. 20, 2009

  • im not receiving any payments from him at all he hasnt paid in yrs when i had the kids he didnt pay thanks to all of you that have answered this i have piece of mond alittle now
    Anonymous

    Answer by Anonymous at 12:25 AM on Oct. 21, 2009

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