would this be considered abandonment?

[ndaniel]

What is the name of your state (only U.S. law)? New york

My daughter is 22 months old... her biological father has seen her a few times (day she was born, once a month later, twice when was 6 months old -on accident and for visitation, and once when she was 18 months old). He has only supervised visits, has has not asked about her or or even shown up for visitations. My husband is the only father she knows and wants to adopt her. Is this considered abandonment - not asking about her or seeing her? On top of that he does not have a job or car to meet me at visitations. And he already has a few Child protective service investagtions (with his other children)- would that be a factor in adoption as well?

[Indiana Filer]

Originally Posted by ndaniel

What is the name of your state (only U.S. law)? New york

My daughter is 22 months old... her biological father has seen her a few times (day she was born, once a month later, twice when was 6 months old -on accident and for visitation, and once when she was 18 months old). He has only supervised visits, has has not asked about her or or even shown up for visitations. My husband is the only father she knows and wants to adopt her. Is this considered abandonment - not asking about her or seeing her? On top of that he does not have a job or car to meet me at visitations. And he already has a few Child protective service investagtions (with his other children)- would that be a factor in adoption as well?

Has he been legally adjudicated as the father of this child?

[ndaniel]

Originally Posted by Indiana Filer

Has he been legally adjudicated as the father of this child?

I'm sorry - I'm not quite sure what that means.

I guess the reason why I'm asking - with all these factors involved, the biological father seems to have no interest since the day she was born ... If my husband and I file for an adoption could we be denied if he is spiteful and not willing to give up his rights? Or with a history of non involvment with the child, could my husband still be able to adopt?

[Rushia]

Originally Posted by ndaniel

I'm sorry - I'm not quite sure what that means.

It means....have you gone to court to establish that he is indeed the father? Has a DNA test been done.

Originally Posted by ndaniel

I guess the reason why I'm asking - with all these factors involved, the biological father seems to have no interest since the day she was born ... If my husband and I file for an adoption could we be denied if he is spiteful and not willing to give up his rights? Or with a history of non involvment with the child, could my husband still be able to adopt?

If you haven't had him legally declared to be the father, then he has no child to abandon.

[ndaniel]

he is on the birth certificate I didn't think a dna test was needed for that... - he doesn't ask about her and doesn't come to his visitations.

[LdiJ]

Originally Posted by ndaniel

he is on the birth certificate I didn't think a dna test was needed for that... - he doesn't ask about her and doesn't come to his visitations.

Abandonment usually requires a minimum of one full year of no contact at all. No visits, letters, emails, phone calls, texts and no payment of child support.

[ndaniel]

Great. thats only a few more months ... so I have some time to file. thanks for all your help.

[Rushia]

Originally Posted by ndaniel

Great. thats only a few more months ... so I have some time to file. thanks for all your help.

Don't get excited and make sure you get an attorney. Has the father been declared LEGALLY to be the father.

[ndaniel]

Legally... I think so ... we have an order custody order... I have sole/physical custody (?) He declared that he was the father then... no?

[Rushia]

Originally Posted by ndaniel

Legally... I think so ... we have an order custody order... I have sole/physical custody (?) He declared that he was the father then... no?

Thank you. Now, get an attorney as it still isn't going to be easy unless the father agrees to the adoption. NY judges like to give lots of chances before they let the adoption go through.

[Ohiogal]

Originally Posted by ndaniel

Great. thats only a few more months ... so I have some time to file. thanks for all your help.

Actually that is at least 8 months as he saw her when she was 18 months old. Also letters, cards, money sent, and a variety of other things are also considered contact.

[ndaniel]

Originally Posted by Ohiogal

Actually that is at least 8 months as he saw her when she was 18 months old. Also letters, cards, money sent, and a variety of other things are also considered contact.

He has NEVER sent cards, letters, emails, LET ALONE money or anything. We have a child support order he's violation for ... that's another story. He is too busy finding a mother for the children that he does have living with him to remember about the others that don't. But again... that's another story. We have a court date in Nov. and I would like to file after the Holidays ... So by then it should be about a year perhaps, less.

[Ohiogal]

Originally Posted by ndaniel

He has NEVER sent cards, letters, emails, LET ALONE money or anything. We have a child support order he's violation for ... that's another story. He is too busy finding a mother for the children that he does have living with him to remember about the others that don't. But again... that's another story. We have a court date in Nov. and I would like to file after the Holidays ... So by then it should be about a year perhaps, less.

YOU CANNOT file then because of this:

My daughter is 22 months old... her biological father has seen her a few times (day she was born, once a month later, twice when was 6 months old -on accident and for visitation, and once when she was 18 months old).

He saw her FOUR MONTHS AGO. By your words. 22 minus 18 is four. Hence in order to have no contact for a year that would mean another 8 months. That is simple mathematics. Next June will be a year provided he doesn't contact or attempt contact between now and then. Oh and why is the visitation supervised?

[ndaniel]

I could file. IT's a matter if he gives up his rights or not. I was just asking if the situation my daughter was in was in fact abandonment. I has no interest in my daughter. And because he has supervised visits... well why does any one have supervised visits? Because by NY state thought he is an unfit father which he is... in the other posts I explained a bit... I will not get into details about that ... that's not the issue. Supervised visits or not he has not asked about her, written, emailed, called, texted, about her since as long as I could remember. And the only reason he saw her when she was 18 month was I was nice enough to come to her half siblings birthday. I know that still counts as a visit but t wasn't even at the designated visitation spot. Other than that he has not made an effort and that is stated in our custody order. Thank you everyone else for your help. My question has been answered. Most of you were nice enough to help.

[Ohiogal]

Originally Posted by ndaniel

I could file. IT's a matter if he gives up his rights or not. I was just asking if the situation my daughter was in was in fact abandonment. I has no interest in my daughter. And because he has supervised visits... well why does any one have supervised visits? Because by NY state thought he is an unfit father which he is... in the other posts I explained a bit... I will not get into details about that ... that's not the issue. Supervised visits or not he has not asked about her, written, emailed, called, texted, about her since as long as I could remember. And the only reason he saw her when she was 18 month was I was nice enough to come to her half siblings birthday. I know that still counts as a visit but t wasn't even at the designated visitation spot. Other than that he has not made an effort and that is stated in our custody order. Thank you everyone else for your help. My question has been answered. Most of you were nice enough to help.

Visitation is supervised for lots of reasons and not because someone is unfit. If he were unfit his rights could be terminated. But apparently he is not unfit. And believe it or not I was trying to help. But won't make that mistake again.