[littletanzy]

I'm sorry to hear you're going through so much. I looked up some California laws for you. These come straight out of the before mentioned California Family Codes, and also includes some previous cases. They may help provide a little more information. Here goes:



¡× 7822. Abandoned children; right to action; declaration of abandonment

(a) A proceeding under this part may be brought where the child has been left without provision for the child's identification by the child's parent or parents or by others or has been left by both parents or the sole parent in the care and custody of another for a period of six months or by one parent in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.

(b) The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents.

(d) If the parent has placed the child for adoption and has not refused to give the required consent to adoption, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. If the parent has placed the child for adoption and has refused to give the required consent to adoption but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child.



6. Abandonment, generally



Elements of abandonment are delineated as follows: (1) child must be "left" by parent in care and custody of another person for a period of six months; (2) child must be left without any provision for support or without communication from parent; and (3) parent must have acted with the intent to abandon child. In re Jacklyn F. (App. 3 Dist. 2003) 7 Cal.Rptr.3d 768, 114 Cal.App.4th 747. Infants 157



In order to constitute abandonment, there must be an actual desertion, accompanied with an intention to entirely sever, so far as it is possible to do so, the parental relation and throw off all obligations growing out of the same. In re Jacklyn F. (App. 3 Dist. 2003) 7 Cal.Rptr.3d 768, 114 Cal.App.4th 747. Infants 157


Proof that minor child was left voluntarily by parent with another, without any provision for his support or without communication from parent for a period of one year, and with intent to abandon the child is necessary to establish "abandonment" sufficient to warrant declaring the child free from parental custody and control. In re Welch (App. 2 Dist. 1951) 108 Cal.App.2d 466, 238 P.2d 1031. Child Custody 68

9. ---- Presumptive evidence, intent

Failure to provide identification or support, or to communicate, is presumptive evidence of intent to abandon child. In re Baby Boy S. (App. 4 Dist. 1987) 240 Cal.Rptr. 60, 194 Cal.App.3d 925. Infants 172


17. Adoption


Finding that biological father intended to abandon child for whom he failed to pay support, although a necessary prerequisite to termination of his parental rights, was not prerequisite to finding that his consent was not required for child's adoption by her stepfather. In re Marriage of Dunmore (App. 3 Dist. 2000) 98 Cal.Rptr.2d 885, 83 Cal.App.4th 1. Adoption 7.8(5)


Natural parent has six months within which to refuse to consent to adoption and to reclaim child; but parental rights of birth mother who signs refusal to consent within six months may not be terminated on basis of abandonment simply because she initially contemplated adoption and placed child with prospective adoptive parents. In re Baby Boy M. (App. 4 Dist. 1990) 272 Cal.Rptr. 27, 221 Cal.App.3d 475. Adoption 7.6(3); Infants 157


18. Token efforts


Sporadic efforts of parent to communicate with child or communications which took place only when legal action was threatened may properly be found to be token only for purposes of determining whether there has been an abandonment. In re T. M. R. (App. 1 Dist. 1974) 116 Cal.Rptr. 292, 41 Cal.App.3d 694. Child Custody 469


19. Detriment to child


Subdivision (a)(1) of statute dealing with abandonment of child, with result that adoption is permitted without father's consent, does not require that the finding of abandonment be accompanied by finding that continued contacts with the abandoning parent would be detrimental to the child. Adoption of Michael D. (App. 6 Dist. 1989) 256 Cal.Rptr. 884, 209 Cal.App.3d 122, review denied. Adoption 7.4(2.1)


25. Evidence--In general

In determining whether father had abandoned child, so as to permit adoption without his consent, court could consider period of time prior to adjudication of father's paternity. Adoption of Michael D. (App. 6 Dist. 1989) 256 Cal.Rptr. 884, 209 Cal.App.3d 122, review denied. Adoption 7.4(2.1)