Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska

Q: Can my child's father be indicted for not be present in the said childs life and be charged for child abandonment??

Child's father lives in a different state and has no part in said child's life. The only thing that connects the two is he signed the birth certificate.

2 Lawyer Answers

A: The terms you are using ("indictment" and "charged") do not really apply to paternity and parenting situations. If father signed a Notarized Acknowledgment of Paternity, that serves as a legal basis for paternity under Nebraska law. However, more must occur in the courts for him to have the responsibility to pay support or to have rights of parenting time for the child. If child support has been established and court-ordered and he does not pay, he may eventually be held criminally liable for non-support through the courts. You will want to visit with an attorney confidentially about your options and what it is you are attempting to accomplish. Abandonment may be alleged and used as a basis to terminate a parent's rights, which would remove forever any right or obligation he would have for the child and free the child for a stepparent adoption. If you are attempting to enforce support, that is a civil action that could be done through NDHHS or privately. Please know however that there is no law that can force a parent to be a good parent with regard to parenting time or contact with the child. Best wishes to you!

(The above is intended for general educational purposes and not as legal advice for your specific situation. No attorney-client relationship is or can be established with GordenLaw and its attorneys without a written fee agreement).

A: It depends on the laws of the states where the parties reside. In Nebraska, there is a statute regarding abandonment at Neb. Rev. Stat. 28-705.

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