[meandher]

How do I go about filing abandonment against the biological father of my child. He will never see this child and I want to make sure I do this legally so he can't ever have a "change of heart" legally?

[stinawords]

Ok before we can help any more we need more info. For starters what state are you in? How long has it been since he has seen the kid? Has he paid any support?

[MsMewiththat]

What you do is you use the court system in your State or county. They will be able to assist you. Do yourself and your child a favor and don't act irrationally. Child support will help you financially. You didn't bring the baby here on your own, allow everyone involved to play the role they need to and enough time to grow up and come to the right conclusions.

[JudyKayTee]

How do I go about filing abandonment against the biological father of my child. He will never see this child and I want to make sure I do this legally so he can't ever have a "change of heart" legally?

It depends on the State - in almost all States the Father has to totally abandon the child and that means leave the child at a bus stop (practically) with no supervision. Leaving the child with you and never visiting is not legal abandonment.

You could go in to Family Court (or whoever handles these matters in your area) and file for sole custody IF the father is a danger to the child and you can prove it.

Otherwise, as I said, I don't think it's going to happen. So come back and let us know what State you are in.

Courts are very reluctant to strip parents of rights for exactly the reason you have mentioned - maybe he'll have a change of heart, turn his life around and want to visit with his child.

You can also file to collect support, of course.

[MsMewiththat]

Nolo Definition of abandonment (of a child)

A parent's failure to provide any financial assistance to or communicate with his or her child over a period. When this happens, a court may deem the child abandoned by that parent and order that person's parental rights terminated. Abandonment also describes situations in which a child is physically abandoned -- for example, left on a doorstep, delivered to a hospital or put in a trash can. Physically abandoned children are usually placed in orphanages and made available for adoption.

[JudyKayTee]

Nolo Definition of abandonment (of a child)

A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the child abandoned by that parent and order that person's parental rights terminated. Abandonment also describes situations in which a child is physically abandoned -- for example, left on a doorstep, delivered to a hospital or put in a trash can. Physically abandoned children are usually placed in orphanages and made available for adoption.

I have no idea what Nolo is but this is most definitely not true in all States. Maybe it's the general meaning of the word "abandonment" but, again, it is not true in all States.

I work on these abandonment cases all the time. The Court (in most cases) is not going to leave a child to be supported by one parent. I spend a great deal of time trying to determine the lifestyle of one parent or the other as well as whether legal abandonment has occurred.

Physically abandoned children very often cannot be adopted, particularly in this age of DNA. The exception is the "safe baby" places and even those babies are not "eligible" for adoption for some time, after they work their way through the Court system. This is why they advise (usually) mothers to legally abandon their child, legally sign their rights away, legally sign to allow an adoption - so that the child doesn't languish in foster care.