Legal Question in Family Law in California
abandonment and termination of parental rights
my ex has not seen our two children in 2 years and 3
months.he lives in the next city, pays court ordered child support of $300and $75arrears per month through the DA.since our divorce1994 he has never taken advantage of his visitation rights.he has only shared dinners or trips to the park which were all initiated by myself and had to include me.i informed my ex i would be remarrying in dec,1997 he has not spoke to or seen his children since. my husband now would love to adopt the children.2years ago i offered to drop all future child support against my ex in exchange for this. he agreed then backed out. he owes 25,000 in back support and i have been unsuccessful in raising his obligations thru the DA. can i claim abandonment? and have my new husband adopt?
2 Answers from Attorneys
Re: abandonment and termination of parental rights
If he is paying support, he has not abandoned.
Re: abandonment and termination of parental rights
If the $25,000 in back support is owed to you and not the county, you could agree to waive the arrears if he relinquished his parental rights. This should be enough interest him in relinquishing he parental rights.