[Dave9801]

I am looking for any case law were parental rights were terminated because of child abandonment or where abandonment was cited in the termination. Or a custody case etc where a parent was found to have abandoned their child.I am trying to determine what the court has held as reasonable time to call it abandonment. I have included the Washington State law below.


WAC 388-15-011
What is child abandonment?


(1) A Parent or guardian abandons a child when the parent or guardian is responsible for the care, education, or support of a child and:

(a) Deserts the child in any manner whatever with the intent to abandon the child;

(b) Leaves a child without the means or ability to obtain one or more of the basic necessities of life such as food, water, shelter, clothing, hygiene, and medically necessary health care; or

(c) Forgoes for an extended period parental rights, functions, duties and obligations despite an ability to exercise such rights, duties, and obligations.

(2) Abandonment of a child by a parent may be established by conduct on the part of a parent or guardian that demonstrates a substantial lack of regard for the rights, duties, and obligations of the parent or guardian or for the health, welfare, and safety of the child. Criminal activity or incarceration of a parent or guardian does not constitute abandonment in and of themselves, but a pattern of criminal activity or repeated or long-term incarceration may constitute abandonment of a child.

Thank you!

[Sunflowers]

Generally courts favor biological parents whenever possible.

The vague wording of the law leaves a wide range of time open for debate. "(c) Forgoes for an extended period of time parental rights, functions, duties and obligations despite an ability to exercise such rights, duties, and obligations."

Unless the child has been adopted, a good lawyer can successfully argue and win a case where the biological parent has been gone for years. Your lawyer would have to convince a judge that your parental rights were wrongly terminated or that there were other special circumstances, and the child's GAL would have to recommend that it would be in the best interest of the child to be placed with you.

[Sunflowers]

I didn't say it would be cheap, I said a good lawyer could put forth a winning argument, depending on special circumstances. I strongly suggest the best course for Dave would be to make several appointments with Lawyers who specialize in Child Custody issues. Most first consults are free.

[cdad]

What is your situation that you need this information ?

[jstreet27]

What is the length of time a parent with visitation rights does not show up to see children and you can file for abandonment for her to no longer have any rights what so ever?

[jstreet27]

Sorry wrong page