Filing Child Abandonment

Question:

Filing Child AbandonmentCan I file child abandonment if my ex husband moved out the state and is in child support arrears?

Joint custody granted, child support granted, Ex husband moved out the state last year and does the bare minimum for our daughter. Can I file child abandonment? What are my options? He’s trying to pick her up for the summer and that is not a part of the court order.
 
Answer:
 
You can and should file to collect the arrears and even have child support be paid through the child support collection unit. As to his parenting time, your order determines the schedule, not his demands. Two people can always agree to something outside of their order, but that does not mean you are required to do so. You cannot force him to exercise the parenting time he actually has. But you should sit down and talk to an attorney about whether you should file a modification petition to change the custody schedule – bring your court orders with you.
 
This educational legal blog was brought to you by Avvo and answered by Katrin Falco, an experienced Saratoga County child custody attorney.
Our law office has been helping residents with complex family law issues for over 25 years.

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