Legal Question in Family Law in Montana
How long can a parent be gone before I can charge them with abandonment?
I have had my grandson for 1 year and his parents stopped coming to see him or have any contact with him now for 8 months. I would like to adopt this child since I already have adopted his brother. I have guardianship of this boy, but want to adopt what are my chances for doing so? they say they will never let me adopt him but have yet to come forward or even send child suport. Thank you much
1 Answer from Attorneys
Re: How long can a parent be gone before I can charge them with abandonment?
You don't mention the reason you were able to adopt the first child, but I assume the situation was similar to this second child's. I can't give you legal advice about this second child, but here are some general comments.
"Abandonment" includes such factors as: for at least six months the parents have left the child with you for at least six months, have not made any arrangement to resume physical custody of the child, have not provided any financial support, and have not had any contact with the child. You didn't mention whether the parents or the court gave you guardianship. Depending on the circumstances, that could make a difference.
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