[JSmom123]

My son is now 14 mos old. The bio dad of my son is not on the b.c. and has not seen him (and not tried to see him) since Jan 19, 2005 when my son was 7 wks old...and had only visited him once before that. He has given a grand total of $100. He has called 4 times in the last 9 mos only, and two of those calls were 6.5 mos apart.

I guess my question is...when do the courts consider the child truly abandoned?

Thanks so much in advance.

[jaysmom]

I don't believe there is one right answer to your question. You will probably have to research what your State's definition of abandonment is. Generally it is being able to show the court there has been no contact and non-support for a period of time....in Michigan it is 2 years. Other States will no doubt have similar criteria but the time frame may differ significantly.

Also what has an impact is the motivation behind it....is it to facilitate a step-parent adoption or simply to terminate his rights? If he is not on the birth certificate it doesn't mean he has no rights, but that his rights may be determined by the courts.

Hope this has been at least informative if not helpful..take care!

[tgage]

Also keep in mind that in some states and situations, you don't even have to prove actual abandonment. You can just file the petition, give notice to the bio-dad and if he doesn't respond, then you can go ahead with the adoption.

tim