My daughter's biological father signed her birth certificate. However, she has my last name. Her father has no set visitation nor does he pay child support he hasn't seen her or called about her since she was 5 months old, she is now 28 months old. He does wish to sign over his rights. I was wondering if this could be handled by revoking his rights due to child abandonment or will I have to wait till after my wedding this coming March and have my husband adopt her? If I have to wait for my husband to adopt her do we have to married for any specific amount of time before this can go through?

You will have to be married at least a year to prove your stable. Do you have a child support order against the father?

No, I do not have a child support order or anything. Wouldn't this be considered child abandonment? I mean at a certain point wouldn't they consider him to be gone too long and his parental rights to be terminated or revoked?

No, You have no order against him. Go to court and get one. Since your going to be looking for him soon anyway because you will have to try to find him for an adoption.

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Originally Posted by dannijarrell

No, I do not have a child support order or anything. Wouldn't this be considered child abandonment? I mean at a certain point wouldn't they consider him to be gone too long and his parental rights to be terminated or revoked?

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There are sticky note at the top of this forum that deal with the issues of child abandonment and termination of rights. Courts are VERY reluctant to terminate a parents rights. There is no state that has an automatic termination based on specific factors. He could be gone for 5 years and return and get visitation.

If you were to go to a court and say the father hasn't been around for 5 years will you terminate his rights, the court would say he's not exercising his rights so why bother?

You do have the advantage of having someone wanting to adopt. That is one of the few reasons a court will grant a TPR. So wait until you have been married for a year, apply for an adoption and the court will then terminate his rights (assuming he is agreeable).