Child Abandonment

[ValhallaSkies]

Jurisdiction

Oregon

So I took my daughter away from her mother in Sep, 2017. She started using and injecting heroin and meth. The last time I have seen or heard from her was around Christmas time. She files for status quo in Oct 2017, never finished paying off the filing fees and didn't serve me. I received a letter for her filing being closed. But, my main question is, since she hasent tried to contact myself or my daughter in nearly 5 months, would this be considered abandonment? I know she is around because she gets on Facebook messenger as well as she has family around here that I have came across and they say she is doing fine.

 

[KatDini]

No, it's not abandonment since

I took my daughter away from her mother

.

Abandonment is used by the State, not one parent against another. If you want to file for custody, go ahead, based on status quo with the daughter living with you. Contact a attorney in your jurisdiction for assistance.

 

[army judge]

So I took my daughter away from her mother in Sep, 2017.

Are you a male?

Are you CURRENTLY married to the child's mother?

Were you EVER married to the child's mother when the child was born?

Are you under an existing child visitation or custody order?

By operation of law, women who birth children while not married to a male, have all parental rights to the child.

Are you under an existing court order to pay the child's mother child support?

Are you current in the child support ordered to pay the child's mother by the court?

If you are in arrears on child support, how much to do owe the child's mother?

If you were NOT married to the mother of the child, have you gone to court to establish paternity?

Was the mother LEGALLY married to another male during the birth of this child?

 

[ValhallaSkies]

Are you a male? Yes

Are you CURRENTLY married to the child's mother? No

Were you EVER married to the child's mother when the child was born? No

Are you under an existing child visitation or custody order? No, we have never had an order for custody or visitation.

By operation of law, women who birth children while not married to a male, have all parental rights to the child.

Are you under an existing court order to pay the child's mother child support? No

Are you current in the child support ordered to pay the child's mother by the court? It was closed.

If you are in arrears on child support, how much to do owe the child's mother? About $1500, case was closed. Still paying for her drug habit while i have my daughter.

If you were NOT married to the mother of the child, have you gone to court to establish paternity? Birth Certificate

Was the mother LEGALLY married to another male during the birth of this child? No, we were together until my daughter was 2yo.

I was awarded an immediate danger which was then closed 3 months later, judge continued status quo in my behalf. Since then, mother has not been around. ( 5 months )

She also had a CPS case against her. Her and her husband were ordered to take drug tests, husband refused. Children were taken by CPS for questioning. CPS worker was happy I had my daughter with me.

 

[txls]

You need to get yourself to a lawyer ASAP.

 

[army judge]

If you were NOT married to the mother of the child, have you gone to court to establish paternity? Birth Certificate

In your state, Oregon, an unmarried male signing a birth certificate doesn't make that unmarried male a father.

Your state has very strict rules about the establishment of paternity by unmarried males.

When unmarried parents have a child and the biological father may be a point of dispute, establishing paternity can be important to resolving issues regarding custody and child support. In Oregon, here are the fundamental steps to establishing paternity for a child:

An "Affidavit in Support of Establishing Paternity" form must be completed by either parent.

Both parents will be contacted by the Oregon Child Support Program to notify them that a paternity case has been opened.

This step can take some time to complete if there are any issues locating either parent and/or serving either parent with the affidavit.

Following service, the man has the opportunity to request genetic testing.

If no action is taken by the man within 30 days of being served, the man will deemed to be the legal father by the 34th day.

In other words, inaction can result in the establishment of paternity.

If genetic testing is requested, it will usually be scheduled to be conducted within 15 to 45 days of the request.

Genetic tests are conducted to affirm paternity.

If a man is ruled out as the father, the mother will need to provide the name of another male in order to keep the case going.

Is this the path YOU took, mate?

Oregon Health Authority : FAQs: Establishing Paternity : Change Vital Records : State of Oregon


.......................................

 

[mightymoose]

I agree. It seems what you are needing to do is establish custody through the court. Doing this will also establish visitation for the non-custodial parent, but that doesn't mean the non-custodial parent will make use of the time allowed. Deadbeats tend to stay deadbeats.

It seems the court has already recognized you as the father, but it is possible you might still have to do a paternity test.

You need something that establishes that the child is legally in your care and resides with you. This will be what prevents her mother from showing up out of the blue and taking the child back.

 

[zddoodah]

I took my daughter away from her mother in Sep, 2017.

Based on the information you provided in your follow-up post, you probably kidnapped a child who may or may not be legally yours.

If you were NOT married to the mother of the child, have you gone to court to establish paternity? Birth Certificate

That's not responsive to the question asked.

I was awarded an immediate danger which was then closed 3 months later

Huh?

judge continued status quo in my behalf.

Does this mean that, after you took the child, the court sanctioned your taking of the child?

since she hasent tried to contact myself or my daughter in nearly 5 months, would this be considered abandonment?

No.

I agree that you need to consult with a local attorney ASAP.

 

[txls]

I am also concerned about the mention of her husband. Was she still married to him?

 

[ElleMD]

So you were never married to this woman but at some point you were ordered to pay child support that you did not pay, and still in fact owe $1500. The mother at some point filed in court to pursue what was owed but did not follow through (you still owe). You do not have any form of custody and have not sought to establish visitation through the court, but took the child last September. You now want to do what?

CPS can not grant you custody. They might determine the child isn't in immediate danger such that they must intercede, but they do not enforce custody agreements. Their opinion of whether the child should live with you is essentially as meaningless as though a random neighbor took her who did not abuse her.

I strongly suggest you hire a lawyer.

 

[ValhallaSkies]

Than you for all the advice. I'm talking to a custody lawyer.