Legal Question in Family Law in Oregon

Re: willful neglect adoption

ORS 109.324 says the following:

(1) If a parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, and if the parent does not consent in writing to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the parent a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent�s consent.

(2) Upon hearing or when the parent has failed to file a written answer as required in ORS 109.330 (3), if the court finds that the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of the parent at the discretion of the court is not required and, if the court determines that the parent�s consent is not required, the court may proceed regardless of the objection of the parent.

(3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may:

(a) Disregard incidental visitations, communications and contributions; and

(b) Consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section.

Best advice: First, contact Support Enforcment in writing and tell them you want to terminate support enforcement and collection services, and have them cancel all wage-withholding orders. (That way, you will avoid the possibility of getting any money from father.) Then wait until September, 2006, and then file a petition for stepparent adoption. You can then honestly say that father has not paid any support for at least one year prior to the filing of the adoption petition. This will support the claim that father has wilfully deserted or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption.

Also, hire a competent attorney who knows how to do stepparent adoptions.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

503.224.8884

E-mail: [email protected]