Expert: Dan Bachert - 11/5/2009

Question
I want to know exactly what happens if I file for abandonment on my kids father who left to Canada and didn't even show up for our divorce court which was granted he is not paying Child support and has been almost 2 years now. Seen kids 1 time and I am not allowing him to talk or see them since he refuses to pay and can I change their name to my maiden with out his consent? I know I will not get any money or the courts can not enforce him too!  

Answer
Hi Melanie, in Florida proving abandonment is usually only necessary where the child is to become a ward of the state or a step parent wishes to adopt the child. The state will not terminate a parent's parental responsibilities and rights due to abandonment. However the court could appoint you as the parent with sole parental responsibility and suspend all time sharing due to the abandonment. One thing is inconsistent in your question though, you indicate that he has seen the children 1 time and you are not allowing him to see them because he has not paid child support. If he is attempting to see and speak with them and you are preventing him from doing so, he has not abandoned the children and you are subjecting yourself to Motion for Contempt for non-compliance with the time sharing portion of the divorce order. Assuming the order includes a time sharing provision.

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951