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?


Asked on 3/01/01, 1:16 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: What constitutes abandonment?

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

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.

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Answered on 4/25/01, 3:45 pm
Guy Herreman Fathers Rights Law Center

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.

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Answered on 5/02/01, 12:05 am


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