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Child neglect?

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Stand Up

Junior Member
Texas

Okay, a child cracks her teeth. The mother calls a dentist and makes an appointment. subsequently the father (they are not married) refuses to pay for the visit, so the teeth go uncared for for a period of time until the mother manages to secure medical coverage for the child. In the meantime, the childs teeth have worsened and this is a serious health risk. Can the father be charged with child abuse, neglect or abandonment?
 


fairisfair

Senior Member
Is there a court order requiring the father to carry insurance on the child and/or to pay 100% of the unreimbursed medical costs????
 

Stand Up

Junior Member
Means

The mother did not have the means. The father did. Child neglect is child neglect regardless of a court order, is it not? He was legally notified that she did not have medical coverage, and the delay on the mothers part was the process of obtaining medicaid coverage for the child. Do you think the state is responsible for this childs medical care when this man has the means to provide same? If there is no court order, then according to you, the mother can be charged with neglect but not the father? You first said they are equally responsible, which is true until such time as the mother shows due diligence. When she does, that leaves the father ... but then you say he is not responsible because there is no court order. I don't get it. Is he or isn't he?
 

Stand Up

Junior Member
Then there is no legal obligation with legal consequences if not met.
I guess what I am asking here is ... does not being the parent of the child automatically make one responsible? Why does there have to be a court order on the fathers part?
 

Silverplum

Senior Member
I guess what I am asking here is ... does not being the parent of the child automatically make one responsible? Why does there have to be a court order on the fathers part?
Because he is NOT LEGALLY the father. In an UNmarried situation, the MOTHER is the ONLY LEGAL parent.

Before you start trying to rewrite the laws, you might want to READ them. Run a search on this site for your state and unmarried custody/parenting issues.
 

Silverplum

Senior Member
The mother did not have the means. The father did. Child neglect is child neglect regardless of a court order, is it not? He was legally notified that she did not have medical coverage, and the delay on the mothers part was the process of obtaining medicaid coverage for the child. Do you think the state is responsible for this childs medical care when this man has the means to provide same? If there is no court order, then according to you, the mother can be charged with neglect but not the father? You first said they are equally responsible, which is true until such time as the mother shows due diligence. When she does, that leaves the father ... but then you say he is not responsible because there is no court order. I don't get it. Is he or isn't he?
If the unmarried mother chose to carry to term and keep the child, then it is HER responsibility to provide for the child -- until and unless paternity is established and court orders determine levels of responsibility. HOW does the mother plan to take care of her child -- that she chose to keep -- without medical care???? That's not the putative father's fault -- it's squarely on mom's shoulders.
 

fairisfair

Senior Member
The mother did not have the means. The father did. Child neglect is child neglect regardless of a court order, is it not? He was legally notified that she did not have medical coverage, and the delay on the mothers part was the process of obtaining medicaid coverage for the child. Do you think the state is responsible for this childs medical care when this man has the means to provide same? If there is no court order, then according to you, the mother can be charged with neglect but not the father? You first said they are equally responsible, which is true until such time as the mother shows due diligence. When she does, that leaves the father ... but then you say he is not responsible because there is no court order. I don't get it. Is he or isn't he?
I NEVER said that they were equally responsible. The facetious rollie eyed first post was in response to you thinking that the father was guilty of child abuse/neglect for the same issue that the mother would not be guilty of. The mother is the only legal parent at this time, and therefore as Silver pointed out, is the only parent with a legal obligation to the child. Apparently this child's teeth are not the only needs that are not being met. Get your butt into a CSE office, and establish paternity, child support, and medical coverage. This is also YOUR lapse in the care of your child.
 

Stand Up

Junior Member
Relax

I am not trying to rewrite laws, I am trying to figure them out. I tend to spout off about what I 'think' is correct, and before I send her off the deep end, I decided to come here for clarification. I was under the impression (as she repeated from her attorney) that if the father in an unmarried situation conducts himself as the father of the child, he is assuming legal responsibility. That leaves me with another question, though. As the legal process drags on, she is afraid he will take the child. As I understood it, he is free to do so until there are legal custody papers clarifying the matter. Does this mean that he has no right to do that?
 

Silverplum

Senior Member
I am not trying to rewrite laws, I am trying to figure them out. I tend to spout off about what I 'think' is correct, and before I send her off the deep end, I decided to come here for clarification. I was under the impression (as she repeated from her attorney) that if the father in an unmarried situation conducts himself as the father of the child, he is assuming legal responsibility. That leaves me with another question, though. As the legal process drags on, she is afraid he will take the child. As I understood it, he is free to do so until there are legal custody papers clarifying the matter. Does this mean that he has no right to do that?
Do some research, as I suggested.
The whole basic thing has been explained already.
 

fairisfair

Senior Member
Do some research, as I suggested.
The whole basic thing has been explained already.

And honestly, since apparently you are not the parent here, as you refer to a "she", let her consult an attorney, your lack of knowledge is more dangerous to her than no information at all.

I am not saying that to be mean, it is a fact.
 

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