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What are the child abandonment laws in california? I have a 2 year old daughter. i have sole physical and legal custody of her.

Murrieta, CA |

her dad and i have been to court a few times. he was supposed to take a paternity test, i did, he didnt. he was ordered to pay $327 a month child support. he has never payed a dime. he got granted an hour a week supervised visitation. he has seen her 4 times in her whole life and and hasnt seen her since she was 2 months old. he never calls, had failed to show or call for numberous prearranged visitations. i have a protective order for domestic violence (he threw a table at me when i was 8 months pregnant) and he threatened to kidnap my daughter. i was told that after 2 years of no contact (which will be in july) i can file for child abandonment and have is visitation and all parental rights taken away. is this true? how does it work? will he still be required to pay child support?

Attorney Answers 2


  1. Just do it, retain an attorney and do it for your child, he has not paid, why care about that now?

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.


  2. Yes! He will still be ordered to pay child support. The ONLY way a parent can get out of his or her obligation to pay child support is through someone else adopting the child to take his/her place. Even a relinquishment of parental rights will not stop his obligation to pay child support.

    Maryam Atighechi is a family law, real estate and civil litigation attorney in Sherman Oaks, CA. 818-647-1152. Please be advised that although Ms. Atighechi is an attorney, the comments posted does not constitute legal advice. You should not rely on any advice or suggestions written and seek outside, independent counsel. An attorney-client relationship has not formed by reading the post.

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