A 19 year old girl who has had three children asked me to take her second child, a toddler. We did this properly in the court system with legal guardianship. Since then she has never visited, called or expressed any interest in the child even though I have provided her with a phone and offered rides and visitation many times. Is this considered child abandonement and can I pursue termination of rights to adopt, or because she left the child under my legal supervision would child abandonment not apply? I assume that were she to come back after a year or two and want the child, a judge would take this lack of interest into consideration, but what about the child? Can I do anything to make this more permanent than guardianship?

Can I do anything to make this more permanent than guardianship?Hello N:

Sure... But, abandonment, per se, is just a term that has no meaning in law. You can file for custody, and there's a good chance she won't fight. But, one never knows. You need a family lawyer.

excon

Generally guardianship does not sever the biological parents' rights and responsibilities.Unlike with adoption, a birth parent can go back to court and ask for the guardianship to be ended and the care and custody of the child returned to the parent.

It will depend on your state law.
First-you cannot adopt a child if both his/her mother and father agree to it, or have their rights terminated. You mentioned the mother. What about the father? Would you like to adopt a child legally at risk?

Hello N:

Sure... But, abandonment, per se, is just a term that has no meaning in law. You can file for custody, and there's a good chance she won't fight. But, one never knows. You need a family lawyer.

excon

Ooops... "guardian" and "legal custodian" are similar terms bestowed by different courts.