Legal Question in Family Law in California
What classifies as abandonment?
My husband has Physical & Legal custody of my step son. We are beginning the adoption process but what exactly classifies as abandonment? She has supervised visitation but has never excercised this right. She has not seen the child in 15 months nor has she EVER paid any type of support towards the child. In July of 1999 we received a note from her but when we replied back to the note, she was no longer there. We are unaware of her whereabouts or how to contact her. She lives from place to place to place (upwards of 10 a year) Is this note considered "contact?" Or would abandonment be considered?
1 Answer from Attorneys
Re: What classifies as abandonment?
In California no contact with a child for a period of 12 months, that is no support and no visitation, cards etc, is abandonment. One note, telephone call or insignificant visit would not be sufficient to over come the finding of abandonment.