When is the right time to file legal abandonment for my son who's ncp has not paid support in 7 months and has not seen him in 5 yrs child support enforcement has a locate status on him has been for 6 months my son is 13 and does not want anything to do with his bio ncp I need answers from someone who knows what there talking about! I want to file and have full custody of my son so my current husband can legaly adopt him.current husband of 12 and one half yrs to be exactmy son calls him dad not his bio,my current has been around before my son was 1 yr old help!

There os no such thing as filing for legal abandonment. What you want is to terminate the father's rights to clear the way for your husband's adoption.

Getting a TPR, especially an involuntary one, is very difficult. Howwver, one of the main reasons to grant a TPR is to clear the way for an adoption.

What you need is to get an attorney to file for the adoption. The attorney will tell you what can be done to terminate the father's rights.

You do not file abandoment it may be a reason to file some other motion, a custody motion or a change in visit status.

In most states merely not seeing the child or not paying child support is NOT a reason to take away any rights from the NCP.

Prison time and other issues may effect.