Child abandonment

[Wolfgirl1300]

My husband gained custody of his 2 kids because they were severely abused and neglected by their mother and stepfather. Their mother has been constantly in and out of their lives for the past 2 years which is only making it worse on the kids, and on the rare occasion that she does have a visit the kids are petrified of going. I want to adopt my 2 step kids and my husband has agreed to the adoption as well for we feel it is in the best interest of the kids. Their mother has already lost custody as well as her parental rights of her other child and has no legal or physical custody to my husband's 2 kids, but still has her parental rights for them. How long must she go without seeing them or contacting them before it's considered abandonment in Massachusetts?

 

[Zigner]

My husband gained custody of his 2 kids because they were severely abused and neglected by their mother and stepfather. Their mother has been constantly in and out of their lives for the past 2 years which is only making it worse on the kids, and on the rare occasion that she does have a visit the kids are petrified of going. I want to adopt my 2 step kids and my husband has agreed to the adoption as well for we feel it is in the best interest of the kids. Their mother has already lost custody as well as her parental rights of her other child and has no legal or physical custody to my husband's 2 kids, but still has her parental rights for them. How long must she go without seeing them or contacting them before it's considered abandonment?

What US state?

 

[Zigner]

My husband gained custody of his 2 kids because they were severely abused and neglected by their mother and stepfather. Their mother has been constantly in and out of their lives for the past 2 years which is only making it worse on the kids, and on the rare occasion that she does have a visit the kids are petrified of going. I want to adopt my 2 step kids and my husband has agreed to the adoption as well for we feel it is in the best interest of the kids. Their mother has already lost custody as well as her parental rights of her other child and has no legal or physical custody to my husband's 2 kids, but still has her parental rights for them. How long must she go without seeing them or contacting them before it's considered abandonment in Massachusetts?

I see you've edited your original post to include the state, thank you.

You and your husband will want to consult with an attorney for assistance in this matter. It's too complicated and far too important not to.

 

[Silverplum]

My husband gained custody of his 2 kids because they were severely abused and neglected by their mother and stepfather. Their mother has been constantly in and out of their lives for the past 2 years which is only making it worse on the kids, and on the rare occasion that she does have a visit the kids are petrified of going. I want to adopt my 2 step kids and my husband has agreed to the adoption as well for we feel it is in the best interest of the kids. Their mother has already lost custody as well as her parental rights of her other child and has no legal or physical custody to my husband's 2 kids, but still has her parental rights for them. How long must she go without seeing them or contacting them before it's considered abandonment in Massachusetts?

The bolded sounds like Mom has not "abandoned" the children.

 

[Just Blue]

My husband gained custody of his 2 kids because they were severely abused and neglected by their mother and stepfather. Their mother has been constantly in and out of their lives for the past 2 years which is only making it worse on the kids, and on the rare occasion that she does have a visit the kids are petrified of going. I want to adopt my 2 step kids and my husband has agreed to the adoption as well for we feel it is in the best interest of the kids. Their mother has already lost custody as well as her parental rights of her other child and has no legal or physical custody to my husband's 2 kids, but still has her parental rights for them. How long must she go without seeing them or contacting them before it's considered abandonment in Massachusetts?

I am in Massachusetts. You really should consult with an Attorney that specializes in Adoptions. Be aware if Dad thinks to withhold visitation or any contact to "fulfill" the state requirements...it would not end well in court.

 

[Alex1119]

I am in Massachusetts. You really should consult with an Attorney that specializes in Adoptions. Be aware if Dad thinks to withhold visitation or any contact to "fulfill" the state requirements...it would not end well in court.

This is good advice. Also, to the OP, was your husband married to the kids' mother or were they just in a relationship when they were born?

 

[Just Blue]

This is good advice. Also, to the OP, was your husband married to the kids' mother or were they just in a relationship when they were born?

Doesn't matter. Paternity has obviously been established.

 

[Wolfgirl1300]

The bolded sounds like Mom has not "abandoned" the children.

As of right now she has not contacted or had a visit with the kids in 8 months, and no their mother and my husband were never married.

 

[Just Blue]

As of right now she has not contacted or had a visit with the kids in 8 months, and no their mother and my husband were never married.

Sooo...No child support, visits, phone calls, birthday cards or post cards? NOTHING?

Whether they were married is irrelevant.

 

[Wolfgirl1300]

Sooo...No child support, visits, phone calls, birthday cards or post cards? NOTHING?

Whether they were married is irrelevant.

My husband owed child arrears, so the judge ordered that she won't have to pay child support until the arrears were paid off. The arrears have since been paid off in full, but because we decided to go for adoption we have not brought her back to court. As for contact no visits, calls, texts, birthday cards, presents, post cards, letters, nothing.

 

[Just Blue]

My husband owed child arrears, so the judge ordered that she won't have to pay child support until the arrears were paid off. The arrears have since been paid off in full, but because we decided to go for adoption he has not brought her back to court. As for contact no visits, calls, texts, birthday cards, presents, post cards, letters, nothing.

Fixed that for you...


There is no "we" till you are actually Mom. I STRONGLY suggest you and Dad visit an Adoption Attorney and discuss the legal reality of Adoption. You do understand that if this adoption is approved and you and dad divorce and he retains custody...You may be responsible for child support. Do you understand this?

 

[Wolfgirl1300]

Fixed that for you...


There is no "we" till you are actually Mom. I STRONGLY suggest you and Dad visit an Adoption Attorney and discuss the legal reality of Adoption. You do understand that if this adoption is approved and you and dad divorce and he retains custody...You may be responsible for child support. Do you understand this?

Yes I'm very well aware of that.

 

[Just Blue]

Yes I'm very well aware of that.

Okay...You would be surprised how often that situation is not considered by the Adopting party.