Legal Question in Family Law in Massachusetts

when does it constitute abandonment. my husband wants to adopt my 9 yr old daughter now her real father hasn't bothered with her for 3 years now. he pays child support took me to court last year twice once to get it canceled and to lower it another time. he has been found guilty of contempt of court for not taking his daughter two years ago. he took me to court in October to see our daughter after not seeing her for 2 and 1/2 years. we made arrangement through the court to do reunification but then found out the place we agreed on wasn't the right place so he was informed he would have to find a place and the place would require him to pay a fee to see our daughter he hasn't done anything. he was told by the judge this was his last chance if he didn't make the effort she didn't want to see him in her court again for anything. we havnt heard from him sense the court date in October so now it's going on 3 years sense he has seen her. my daughter wants my husband to adopt her wants nothing to do with her real dad. so could we file abandonment papers so my husband can adopt her without going through my ex???


Asked on 2/22/16, 9:21 am

1 Answer from Attorneys

The easiest way to accomplish what you want is to make an agreement with your ex. Once your daughter is adopted he will be relieved of having to pay anymore child support. This I would expect would be a huge incentive for him to cooperate.

Proving abandonment would be much more difficult.

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Answered on 2/22/16, 9:33 am


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