Legal Question in Family Law in California
I would like to know if I can file abandonment charges aginst my ex-boyfriend? We have a 2 year old child together, but he has never seen him since the day he was born. The ex-boyfriend left me before our child was born. We took a DNA test and it proves hes the father. The father has never tried to see him, never sent money, never helped with food diapers or whips for the child. He has called to try and make arrangements to see our child, but always backed at the last minute.
3 Answers from Attorneys
You may be able to but why would you want to? Are you marrying a man who wants to adopt her? Why not haul him into court and get an order for current and back child support? It's amazing how the prospect of a child support order can awaken an interest in being an active father, since the less time he spends with her the more he pays.
If you have not already done so, you need to file a paternity action to establish the legal rights and obligations of the biological father. This petition and a motion for child support are the springboards for developing a parenting plan and in getting court ordered support. Support can be ordered to be paid by wage assignment thereby ensuring regular payments from the father's employer.
I hope you mean that he won't buy "wipes" and not "whips."
As Ms. Kock points out, you need to start a paternity action, to establish support, custody and vistiation rights.
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