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Okay my ex lost his job and his last child support payment was on January 7, 2004. He was only paying for 3 months prior to his job ending. He has not seen the boys sence June, 2003. The DA is going to start to push criminal charges (already done the civil contempt and he is on probation for failure to pay) on him in late April or May but I know these take time. At what point can I file for abandonment? If I get granted abandonment does he still have to pay CS until my fiance can adopt?
Thank you!
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From my experience I have learned that they have to go 3 years with no payment and no visitation for it to become Felony Child Support. I have also been told that you usually have to be married at least one year before a court will consider a Step Parent adoption. You would usually file abandonment if you were trying to terminate his parental rights, but you can't do that until you have an adoptive father ready to "take over" so-to-speak. So it looks as though you have about a year from the date you get married before you can do anything, but I am just speaking from my own experience. The Family Law Code section that deals with abandonment is 8404.b and it states that there has to be no support or contact with the child in at least one year in order to terminate rights based on abandonment.
Hope that helps.
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