Abandonment

North Carolina Divorce Law Divorce and Separation Answers
1

I would like to know what this term means when custody is at issue.

The father came to hospital after child was born. Spend a few times with the child, and also bought things here and there. Then when she was 8 months old, he never saw here again. (he choose that) She is 17 months now, would this be considered as abandonment?

No he never paid any support on her. He just left to protect his life and military career. He said that I’m crazy and we never had a relationship to everyone.

Can a police report that was filed by myself and his ex wife be used in the courts?

While his ex wife was talking to her mother on the phone, she didn’t know it was on 3 way. This women told her daughter that my little girl needed to be taken to the ocean/lake and drowned. I opened my mouth when I heard that and told the lady she was wrong for saying that, that this was a baby who was my daughter and I loved her and she had no right to say that.

I called my daughters father and told him, He told me that, “he doesn’t have anything to say, and that he agreed because I should have gotten an abortion”. I told him he was screwed up in the head. I called the police and filed a report as well as his ex wife did too. I then contacted his command and told them all about this. They opened an investigation.

He has now started to come after me for custody. He hasn’t been in her life and she is in a very stable home. She has 5 other siblins in the home with her. If I’m not an unfit parent, Will I lose custody?

Does money play a factor in custody’s?

Thank you.

2

The father will not be considered as having abandoned the child, however he does have a monetary obligation to support her, and should pay child support. You will need to file a claim with the court for child support. The court will award you child support based on your gross income, his gross income, medical insurance cost for the child, and any day-care expenses you incur.
You will also want to file an answer to his custody complaint and a counterclaim for child custody to establish yourself as the primary custodian. You have been the primary caregiver since the child was born, and I cannot see why any judge would order any other arrangement so long as you are a fit parent. Your ex will likely be awarded some type of visitation with the child. You present your evidence regarding his threatening words to establish his spending time with the child is not in the child’s best interests, and that he may even be a danger to her. As for the police report, it is considered hearsay and cannot be used in court unless the officer who wrote the report comes to court to testify to the incident.

3

Thank you for the advice.

But, how is it not called abandonment? He was in her life, then left. He has made it cleared to everyone else that she isn’t his daughter. BUT SHE IS!

4

While he has, in the normal sense of the word abandoned his child, he will not be found to have abandoned her legally, but he does have an obligation to pay support.