Legal Question in Family Law in California

Can I fight for full custody for child abandonment?

I am in the US Army and I have been stationed in Iraq since January 04. I am a single parent and my child's father is no longer in the picture. My parents are my child's legal guardian now, until I return home. He doesn't exactly have custody, just visitation. He IS aware of my son's location and I gave him my parents phone number and he has not contacted my son at all since December03. He is on the birth certificate as his father but the only legal document is the standard visitation(every other major holiday, father's day, and birthday). My child has my last name,legally. I wasn't sure if that was relevant. My child's father was paying child support for about 6 months and in March my parents received the last check. I want to know if my child's father can be considered as a child abandoner and if so, does this revoke his parental rights? I'd appreciate the help. Thank you.


Asked on 10/09/04, 6:00 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Can I fight for full custody for child abandonment?

Generally, a petition can be brought to terminate parental rights when the parent has not contacted or paid support for a period of one year. You should talk this over with an attorney to see if and when you can bring that action. It does take a court order. Good Luck, Pat McCrary

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Answered on 10/11/04, 1:21 pm


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