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Abandonment laws

Asked Jun 23, 2010, 07:45 AM — 1 Answer
I'm going through a similar situation. My child is just over 2 and the father has not yet laid eyes on her or offered any kind of support, yet he is taking me to court for custody. I want his rights terminated so that my fianc? Can adopt. My fianc? Has been in her life since she was 2 months old and she knows him as "daddy" only because that is what she chooses to call him. How do I go about getting his rights terminated and press the issue of abandonment on him?

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Jun 23, 2010, 07:58 AM
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Originally Posted by sl5rc2 View Post
I'm going through a similar situation. My child is just over 2 and the father has not yet laid eyes on her or offered any kind of support, yet he is taking me to court for custody. I want his rights terminated so that my fianc? Can adopt. My fianc? Has been in her life since she was 2 months old and she knows him as "daddy" only because that is what she chooses to call him. How do I go about getting his rights terminated and press the issue of abandonment on him?
First of all, it's not a good idea to piggyback your question onto someone else's so I've asked that your question be moved to it's own thread.

Second, this is not an issue of abandonment. There is a sticky at the top of the Family Law forum regarding abandonment which can be read here:
http://www.askmehelpdesk.com/family-...st-364259.html

If the biological father has never even seen this child, odds are very high in your favor - no judge in their right mind would give the father primary physical custody of a child that he has ignored for two years.

You cannot force him to sign over his rights. It either has to be a voluntary decision or the courts have to deem him a threat to the child and strip him of his rights.

If I can ask, why is the biological father suddenly interested in seeing this child? Why is he going to court after two years of no contact?
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