[dmcoleman]

After 5 years of a biological father not contacting or paying child support, is that considered child abandonment? What rights does the father have at this point?

[ScottGem]

This is a frequently asked question and the answer has been posted many times. This is also a legal question so I've moved it to the Family Law forum.

Child abandonment occurs when a child is left with NO adult supervision. So, there is no abandonment in your case. Nor do the father's rights change just because an amount of time has passed with no contact.

However, many states do include abandonment as grounds for getting a termination of parental rights (TPR).

But if the father is not exercising any rights then why bother taking him to court to terminate them?

[cadillac59]

After 5 years of a biological father not contacting or paying child support, is that considered child abandonment? what rights does the father have at this point?

In California leaving a child in the care and custody of a co-parent for a period of one year without any provision for the child's support or without communication from the parent with the intent on the part of the parent to abandon the child is considered abandonment and is a basis to terminate parental rights (Cal. Family Code section 7822(a)). However, termination of parental rights is a serious matter and does not occur without a specific action having been taken in court. Thus, until a father (if he is the abandoning party), has lost his parental rights through a court process, he still has all the same rights and duties of any parent.

[Fr_Chuck]

And in many states, such as GA, merely not paying child support or not paying is not a reason allowed to take custody.

Now if you are the other parent, it may be enough to get custody over to you, does not take away his "rights" only changes who has legal physcical custody