Parental Abandonment

[YoungandLost]

What is the name of your state? AL

My ex has not wanted to see or talk to my child in months, even though he does have court ordered visitation. He has expressed to me that he wants nothing more to do with us. My husband wants to adopt my daughter, but we are afraid that if we try and start one my ex will all of a sudden want to be back in my child's life for a little while and then dissappear again. SO, I want to know how long does my ex have to dissappear for until it is considered abandonment. He does pay his child support. I do realize that this would mean I would no longer get child support from him.

I'm also asking opinions on whether or not I should wait until an age when my child can make this decsion on their own.

 

[Neal1421]

What is the name of your state? AL

My ex has not wanted to see or talk to my child in months, even though he does have court ordered visitation. He has expressed to me that he wants nothing more to do with us. My husband wants to adopt my daughter, but we are afraid that if we try and start one my ex will all of a sudden want to be back in my child's life for a little while and then dissappear again. SO, I want to know how long does my ex have to dissappear for until it is considered abandonment. He does pay his child support. I do realize that this would mean I would no longer get child support from him.

I'm also asking opinions on whether or not I should wait until an age when my child can make this decsion on their own.

If he continues to pay support, you cannot terminate based on abandonment as that is considered contact.

Also the child cannot make the decision until he/she is 18.

 

[YoungandLost]

If he continues to pay support, you cannot terminate based on abandonment as that is considered contact.

Also the child cannot make the decision until he/she is 18.

Actually it's 14 in alabama if the child has been abandoned.


Is there anything I can do to prevent him from popping in and out of my child's life whenever he feels like it?

 

[Neal1421]

Actually it's 14 in alabama if the child has been abandoned.


Is there anything I can do to prevent him from popping in and out of my child's life whenever he feels like it?

The child has not been abandoned. The child may be able to voice his/her opinion at 14, however they cannot make that decision on their own. A judge may take into consideration the child's wishes but it's totally up to the judge.

No, there is nothing you can do to stop him from doing that he is your child's father he does have rights to the child whether he chooses to excercise them or not.