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Does Anyone Know The Law??...Help??

My son's father and I have been apart for just over 2 years now, and my son is 2 1/2. His father hasn't seen him since he was about 6 months old, nor has even tried to make contact with us to do so. I have heard that after so long of the father not seeing his child, he forfieted his rights?? Is this true, and if so how long does it have to be??

 
mommak2908

Asked by mommak2908 at 2:02 PM on Sep. 14, 2010 in Toddlers (1-2)

Level 3 (17 Credits)
This question is closed.
Answers (15)
  • There ARE laws about abandonment, but with a decent attorney they can usually be circumvented. I would say talk to your own attorney and see what they say. Each state is going to be different, so make sure you know what YOUR state's laws are...
    SabrinaMBowen

    Answer by SabrinaMBowen at 2:05 PM on Sep. 14, 2010

  • They don't automatically lose their rights. Depending on your states laws when the time has passed you can petition for abandonment and termination of rights.
    GrnEyedGrandma

    Answer by GrnEyedGrandma at 2:06 PM on Sep. 14, 2010

  • Each state has its own law. In many states if you go to court to terminate the father's rights you have to prove that you make a lot of money to support your child (not min wage). If the judge doesn't think the father's rights should be terminated or if he doesn't think you make enough money you can be ordered to help find the father so that he can be forced to pay child support. Sometimes it's just better to do nothing. Then of course the father can file for visitation or even for custody and support from you.

    Gailll

    Answer by Gailll at 2:07 PM on Sep. 14, 2010

  • imo.. no specific time frame in the laws. ... it could be considered immediate if the parent leaves a child under two years of age. contact a lawyer.
    MTM

    Answer by MTM at 2:12 PM on Sep. 14, 2010

  • When my friend went through this a few years ago, the law for our state (PA) was 6 months of no contact = abandonment and she could petition the court for sole custody and termination of her ex's parental rights. However, this may vary by state, so you should consult with an attorney in your own state.
    mom2aspclboy

    Answer by mom2aspclboy at 2:13 PM on Sep. 14, 2010

  • Every state has different laws, but I can't imaging a person's rights being revoked based on a time constraint. Unless you have sole custody or he has forfeited his rights in writing, I'm guessing he still has parental rights.
    MeandMyBabes

    Answer by MeandMyBabes at 2:04 PM on Sep. 14, 2010

  • probly depends on your state
    armywife43

    Answer by armywife43 at 2:04 PM on Sep. 14, 2010

  • But what is the time frame until it could be considered abandonment?
    mommak2908

    Comment by mommak2908 (original poster) at 2:08 PM on Sep. 14, 2010

  • well i know i make enough money to support him, i am doing just fine now, and have been for the past 2 1/2 years. But i can't just ignore the fact because my fiance and i have talked about my fiance adopting my son and therefore making my son legally OUR son.
    mommak2908

    Comment by mommak2908 (original poster) at 2:11 PM on Sep. 14, 2010

  • I have never heard that in my state. Do some research on it, Hon!
    NicolesMommy

    Answer by NicolesMommy at 2:18 PM on Sep. 14, 2010

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