Legal Question in Family Law in Pennsylvania
What is the time period that a non-custodial parent (father)has to be away to file for abandonment. The father has not seen his or talked to child in over a year nor does he pay child support (over $8000 in back support). We are divorced and i am remarried, my new husband want to adopt my daughter that he has helped raise since she was 10 months now 9 years old.
2 Answers from Attorneys
Typically it's six (6) months. File your Petition for Involuntary Termination of Parental Rights now, and a Petition for Adoption at the same time. Contact your county's Orphans' Court for possible forms for you to use. Best of luck to you!
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
In a step-parent adoption situation like yours, six months of no contact (no calls, visits, cards, gifts, letters, etc.) immediately preceding the filing of your adoption petition (and petition terminate his parental rights) is the minimum time to establish a settled intent to relinquish his parental rights. Based on your description, it sounds like you are in an excellent position to succeed! Adoptions are always the favorite part of my practice; most of my work is dedicated to families that are coming apart, and it is refreshing to help bring one together, instead.
Attorney Michael B. Greenstein
Pittsburgh, PA
http://www.spousealouse.com
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