Legal Question in Family Law in Washington
Biological mother abandonment?
My fiance has a four year old son. His biological mother with oarental rights still has not talked to him in almost two years (will be two years in December). It's been longer than that since she has seen him. He has had full custody since his child was about 3 months old, since she was considered neglecting her child. We don't know where she is, nor do we have any contact information for her. If we change addresses or phone numbers, we call her mother to let her know. I have a few questions:
1.) Is this considered abandonment?
2.) If it is, how would we get her parental rights terminated?
3.) Does she need to come to where we are or, if it is abandonment, can we do it without her approval?
Thank you.
1 Answer from Attorneys
Re: Biological mother abandonment?
It is unclear if you have a parenting plan or residential schedule in place. If you do, you have to follow the provisions of the relocation statute for notice. The structure of your question assumes legal connections that may not be applicable. Her actions may constitute abandonment, but may not support involuntary termination of the parental relationship. It may only support a modification of the parenting plan. If she signed a waiver of parental relationship and consent to adopt, you could terminate the relationship for the purpose of adoption.
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