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Need advice towards child Abandonment/Neglect

Here's the situation: I was 17, unmarried, when my son was born. His father and I weren't together for a year straight. My son is a junior. It's now a month away from my son's 4th birthday. I am now married, and had another child, who's now 15 months. I get a medical card through the welfare office, and they are going through child support for me. They said I had to cooperate, or they could take my benefit away. I told them it'd been over a year, and that I honestly hadn't a clue as to where his father was. We now have a child support hearing coming up. I also know that in Ohio it's 90 days of no contact to be considered child abandonment/ (also considered) Neglect. It has, by far, exceded that. How do I refuse (nicely) child support? My son calls my husband Daddy, as he is the only (and one of the best, if I may brag) dad he's ever really known. My son also uses our last name, not his. And he'll get mad if you try to argue with him, so we eventually gave up. I know I can file for child abandonment, and then we can file for my husband to adopt him. How do I do this with a support hearing next week?

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momma_marian

Asked by momma_marian at 12:11 PM on Mar. 28, 2011 in General Parenting

Level 10 (478 Credits)
Answers (14)
  • i wouldnt refuse child support but you can, just tell them you dont want child support just FULL custody of your son.
    zoejains_momma

    Answer by zoejains_momma at 12:12 PM on Mar. 28, 2011

  • Ya..
    AnuMeha

    Answer by AnuMeha at 12:13 PM on Mar. 28, 2011

  • Legally you cannot if you are getting state aid. The only thing you can do is do what the courts tell you and then talk to a lawyer about a TPR. Since it could be abandonment maybe cps could help you too? But you cannot refuse child support while receiving state aid.
    gemgem

    Answer by gemgem at 12:13 PM on Mar. 28, 2011

  • I think you need to get a paternity test, and then fight for his rights ton the child to be taken away,
    xmama_bellax

    Answer by xmama_bellax at 12:13 PM on Mar. 28, 2011

  • You need to call a lawyer and get a consultation. Its going to be a sticky situation.
    L0vingMy3Girls

    Answer by L0vingMy3Girls at 12:14 PM on Mar. 28, 2011

  • Oh and PS child support court is only for child support, if you bring up visits, custody etc you run the risk of angering the judge who generally as little patience for people coming into court asking for more then what was petitioned for.
    gemgem

    Answer by gemgem at 12:14 PM on Mar. 28, 2011

  • When I was in this situation I went to a lawyer and said "I don't want any child support." He said that I would have to get my sons bio father to sign over his rights. In your situation you might be able to get away with not having this because he has walked away. I think i would be honest in court and tell them your situation. Sorry I can't be of more help. You might want to look into talking to a lawyer. Sometimes they will give you a free consultation. Good Luck!

    cornflakegirl3

    Answer by cornflakegirl3 at 12:16 PM on Mar. 28, 2011

  • also if there was never a DNA test you have to get one, even if you both agree he is the father and he signed the birth certificate in order to file for abandonment he has to be proven to be his bio father.
    L0vingMy3Girls

    Answer by L0vingMy3Girls at 12:16 PM on Mar. 28, 2011

  • The child support can be put away for his college if you dont really "need" it. You could also see if your husb is willing to adopt him & that his bio dad would be willing to sign papers allowing the adoption. Then it's all a mute point. If you dont have a lawyer, call your local Bar Assoc. & get a free or low cost consultation. You can also try your local university's law school. GL :)
    mrsmom110

    Answer by mrsmom110 at 12:20 PM on Mar. 28, 2011

  • Have you talked with a lawyer about this ? they could be of more help in this matter.
    stitchintime

    Answer by stitchintime at 12:33 PM on Mar. 28, 2011

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