[caleylynn]

My sons father hasn't had anything to do with us since I was about 5 months pregnant, now my son is 6 months old. How would I go about getting him for abandonment? I was threatened through out my first 5 months of pregnancy that after my son was old enough he (the father) was going to get him taken away from me. I am going to be getting married next year and want my fiancé to be able to adopt my son but I doubt he will be able to if his father come back into the picture.

Any help would be appreciated...

[George_1950]

Welcome to AMHD. You didn't mention what state, as the law varies. Abandonment shows up in at least two laws: 1) adoption, and 2) failure to support a child, which is criminal law in some states. Your question appears to fall under the adoption law and is relevant when a parent seeks to terminate the rights of a parent who has failed to support his/her child. My guess is that he will have to have failed to support his child for twelve months. He may be willing to give up his rights voluntarily, or you may have to ask a court for an order to that effect. He is entitled to notice of adoption proceedings.

[ScottGem]

I've moved this to the Family Law forum where there are a number of threads dealing with this issue.

The answer is you can't "get" him for abandonment. Abandonment occurs when a child is left without any supervision. What you CAN do is use abandonment as a grounds for getitng a TPR (termination of parental rights). But its too early for that. Wait until you have been married for a year and then fille a petition to have your husband adopt the child. At this point you will need to either get the bio father to voluntarily relinquish his rights or force a TPR. With your husband waiting to adopt, you stand a good chance of getting it.