Legal Question in Family Law in California

Is it considered abandoment

The problem i have is that i have a child by a gentlemen who wants nothing to do with our son. My son on october 11th 2004 is going to be turning 4 and he has never and i meen never had any contact with his son. He barley pays his child support. This is only because he is on probation for not paying his child support. He never keeps a job. Well the problem is that i would like to move out of state to start a new life with my boyfriend and give my son a better life as well. But the DA is telling me that i have to ask for promission to move by the father. But in realty i know there is a federal law that states after so many years it is considered abandoment but i cant find it anywhere. I have tried to let him see his son but he says there is no need. He is a loser and i need help cause i dont want him to stop me and my son from having a better life. How can i do this? Please help me thank you tara


Asked on 9/02/04, 12:27 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Is it considered abandoment

The safest course of action is for you to ask the natural father for permission. Since you indicate that he pays very little child support you could use that as a bargaining chip if necessary. If there is a court order for child support then he may owe a sizable sum. Forgiving this amount, assuming that it is not owed to the county for reimbursement of AFDC, you can forgive it. The other option is to go to court and get a court order allowing you to move if he will not consent. Based on your statements regarding his minimal visitation you should not have any problem obtaining an order that you can move.

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Answered on 9/08/04, 8:53 pm


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