Legal Question in Family Law in California
What constitutes abandonment?
Biodad and I were never married. We have court ordered child support via wage garnishment. I have full custody of 7 year old. He hasn't had any contact in over two years. Prior to that it was maybe one time a year. DA says I can close CS case as no AFDC involved. If biodad does not pay on own or contact, how long to establish abandonment and have stepfather(only dad she knows)adopt child?
2 Answers from Attorneys
Re: What constitutes abandonment?
Dear Inquirer:
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http://home.pacbell.net/edbjr/ OR
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The site contains quite a bit of general
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et cetera) and my office (location, hours, fees,
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NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear
enough and/or complete enough to provide a
definitive answer to you inquiry. That notwithstanding,
it seems that the best way to proceed might be to
have the bio-dad agree to the adoption. While his parental
rights would be terminated, so would his child support
obligation. Also see CA FAM CODE � 8604(c): the standard
is fails to pay OR fails to communicate for a period of
one year. But remember bio-dad must be given notice.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: What constitutes abandonment?
In reply to your question you can start it now; genrally any time after a year. If you have any other questions please contact us at (909) 274-0057 ask for Alex or Guy.