[heatherrose23]

I would like to get my sons biological rights terminated so my husband can adopt him. He has not seen him since February of this year and has not sent me any child support or even asked about my son since May. Can I have his rights terminated?

Also, I am changing my last name to my husbands name. My sons biological dad is not on the birth certificate and he has my last name can I legally change it without asking him?

I live in Nebraska and it states abandonment at 6 months can have his rights terminated but I am not sure what constitutes abandonment.

Every time I try to contact him he gets hostile and tells me I am a deadbeat parent and it is my fault he does not come see my son and I should drive the 4 hours for him to go there to see him. I do not fell that is right and told him if he wants to see him he can come down here.

[AK lawyer]

I would like to get my sons biological rights terminated...

From the context I gather you mean you would like to get your son's father's biological rights terminated.

"43-104. Adoption; consent required; exceptions.

...

(2) Consent shall not be required of any parent who (a) has relinquished the child for adoption by a written instrument, (b) has abandoned the child for at least six months next preceding the filing of the adoption petition, (c) has been deprived of his or her parental rights to such child by the order of any court of competent jurisdiction, or (d) is incapable of consenting.
..."

You should review all the case law given in the annotations to section 4-103, but the following appears to be most helpful in interpreting the "abandonment" requirement:

"Abandonment for purposes of permitting substitute consent for adoption must be proved by clear and convincing evidence. In re Guardianship of Sain, 217 Neb. 96, 348 N.W.2d 435 (1984).


Although the critical period of time during which abandonment must be shown to eliminate the necessity of obtaining consent pursuant to this section is the six months immediately preceding the filing for adoption, evidence of a parent's conduct either before or after this period may be considered as relevant to a determination of whether the purpose and intent of that parent was to abandon the child or children. To prove abandonment in adoption proceedings, the evidence must clearly and convincingly show that the parent has acted toward the child in a manner evidencing a settled purpose to be rid of all parental obligations and to forego all parental rights, together with a complete repudiation of parenthood and an abandonment of parental rights and responsibilities. Where there has been a protracted period of totally unjustified failure to exercise parental functions, an isolated contact does not necessarily negate the inference that a person no longer wishes to act in the role of a parent to a child. In re Adoption of Simonton, 211 Neb. 777, 320 N.W.2d 449 (1982)."