Legal Question in Family Law in Oregon
what are the stipulations on child abandoment?
Im trying to have my son adopted by my husband and I need to know what the stipulations are with child abandoment.
the father pays child support but has no visitation and
has not seen his son in over 4 years. can you help
1 Answer from Attorneys
Re: what are the stipulations on child abandoment?
As a matter of law, if he is paying child support, he has not "abandoned" the child, at least not in the legal sense. For your present husband to proceed with a step-parent adoption, you will need to get the existing legal father's consent. (The fact that the father does not exercise visitation rights and shows no interest in the child, etc., does not amount to abandonment in the eyes of the law. But his lack of interest in the child, coupled with your willingness to forgo all claims against him for unpaid past support and termination of future support obligations, may be sufficient motivation to get him to give his voluntary consent to terminating his parental rights and responsibilities and allowing step-father to adopt.)
LDG