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Johnsgirl · Aug 11, 2008, 06:50 AM

What constitutes abandonment of a 7 month old child? I want my ex to give up his rights, he has not seen her or contributed to anything for her since she was 3 months old and she is now 7 months old but he refuses to sign over his rights. What do I do?

N0help4u · Aug 11, 2008, 06:55 AM

You can't get abandonment or give up rights. As long as he refuses there is nothing you can do.

ScottGem · Aug 11, 2008, 06:58 AM

While abandonment MAY be used as grounds for getting a TPR, if you are in contact with the father, then its not going to be considered abandonment. Getting a TPR is VERY difficult. If you browse the Family Law forum (where I'm moving this to), you can see that.

If he's not contacting the child, then why would you need to terminate rights?

Johnsgirl · Aug 11, 2008, 07:09 AM

Originally Posted by Johnsgirl

what constitutes abandonment of a 7 month old child? i want my ex to give up his rights, he has not seen her or contributed to anything for her since she was 3 months old and she is now 7 months old but he refuses to sign over his rights. what do i do?

He doesn't contact me about her its always to aSK about my relationship, the man I am marrying wants to adopt her and he has been there for here since she was born unlike her birth father, that's whyt I want his rights terminated

N0help4u · Aug 11, 2008, 07:12 AM

He still has to agree to terminating rights even if you are getting married.
Do you get child support from him? If you don't then maybe suggest to him that you are going to file for child support and see what he says about the whole thing then.

Johnsgirl · Aug 11, 2008, 07:24 AM

No he has given me 100 when she was 2 months and that's it

N0help4u · Aug 11, 2008, 07:34 AM

Go file for child support he may just have a whole new tune then.

ScottGem · Aug 11, 2008, 08:15 AM

Wait until you are married. Then contact a Family Law attorney to prepare the adoption papers. This attorney will advise you what you can do to get a TPR. As long as your husband is willing to adopt, you should be able to do it.

One possibility will be filing for child support. He may be more inclined to relinquish if he knows that it will end his support obligation.

stinawords · Aug 11, 2008, 08:15 AM

In most states you already have to be married for at least a year before the step parent can adopt. The states that don't require a year of marriage require an even longer stable relationship which you don't have either. You are better off going to court to file for child support then he can file for visitation if he wants but as long as he is not willing to give up his rights your husband won't be able to adopt. Unless of course your state does use abandonment as grounds but that would mean longer with no contact, no support, no cards, nothing and as long as he talks to you about whatever it isn't going to happen.