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can i prove abandonment?

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didif

Guest
What is the name of your state? texas
My husband and I have legal custody of our nephew. we got him when he was 3wks old, he is now 3 years old. He knows us as mom and dad, and we wouldnt have it any other way. The bio father is not an issue. But the mother has some visitation rights, she only calls once in awhile. But she has not called or visited in 98 days lately. We would love to adopt him, but finances keep us from doing so! My question is can we file cheaply abandonment ?? That way it would knock out all her rights!!!! If so how do we go about doing so??? Thanks for any advice!!!
 


Shay-Pari'e

Senior Member
D.B. Cooper said:
You sound like a real piece of crap.
They are taking care of a child that the parents obviously want nothing to do with. The mother has not even called in over 3 months. I am all for rights of the parents, but the mother surely is not involved. The question may have sounded harsh, but looks like the parents want nothing to do with the child these people are graciously raising. That does not sound like a piece of crap.
 

tigger22472

Senior Member
didif said:
What is the name of your state? texas
My husband and I have legal custody of our nephew. we got him when he was 3wks old, he is now 3 years old. He knows us as mom and dad, and we wouldnt have it any other way. The bio father is not an issue. But the mother has some visitation rights, she only calls once in awhile. But she has not called or visited in 98 days lately. We would love to adopt him, but finances keep us from doing so! My question is can we file cheaply abandonment ?? That way it would knock out all her rights!!!! If so how do we go about doing so??? Thanks for any advice!!!

The cheapest way to go about this would be to get a visitation modification done. I'm not sure what 'legal' rights she has now as you have custody, but you didn't state what kind. You would have to prove that the little involvement or the in and out involvement in the child's life is at the very least emotionally damaging to the child. You don't say what type of visitation rights she has now or what it states so it could be a hard road. You are also risking mom coming in and pleading to the judge to at the very least keep them the way they are. The biggest problem you face is that judges don't like to strip parents of rights and you've already stated that you can't afford an attorney to try for adoption. I realize that 3 months seems like a lot of time but in the eyes of the law, considering she is the biological parent that might not be enough.

I suggest you try calling some lawyers in your area for a free consultation and tell them the situation and see what they suggest.
 

stealth2

Under the Radar Member
didif - ignore DB. Kudos to you and your husband for caring for the little one.

I agree with tigger that your best bet is to at least consult with an attorney. As she said, while three months seems like a tremendously long time to you, the law doesn't see it that way. Abandonment often requires no contact for a year or more - you need to know what your state requires. Also, be aware that in most states paying support is considered contact. One phone call a year could constitute contact. Her level of involvement in the previous years could be a factor as well.

Keep good records of her lack of involvement with the child (also the Dad's - you don't give specifics as to his lack of involvement, but unless his rights have been stripped - he may have a claim at some point).
 

snostar

Senior Member
Texas Family Code:
§ 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
RELATIONSHIP. The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the possession of nother not the parent and expressed an intent not to return;

(B) voluntarily left the child alone or in the possession of another not the parent without expressing an intent to return, without providing for the adequate support of the child, and remained away for a period of at least three months;

(C) voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months;
 

nextwife

Senior Member
It's too bad. Other than the 9 months this child was in-utero, sounds like "mom" has never done anything that qualifies her to be called mom. You are far more his mom than anyone else who has ever been in his life.

GET a lawyer and fight to protect this child's right to stay with the only person who has ever REALLY been a mom to him.
 

VeronicaGia

Senior Member
didif said:
What is the name of your state? texas
My husband and I have legal custody of our nephew. we got him when he was 3wks old, he is now 3 years old. He knows us as mom and dad, and we wouldnt have it any other way. The bio father is not an issue. But the mother has some visitation rights, she only calls once in awhile. But she has not called or visited in 98 days lately. We would love to adopt him, but finances keep us from doing so! My question is can we file cheaply abandonment ?? That way it would knock out all her rights!!!! If so how do we go about doing so??? Thanks for any advice!!!

You say the father is not an issue, but in order to adopt the child, both parents rights must be terminated. Are dad's parental rights already terminated? Also, does either parent pay court ordered child support?
 
D

D.B. Cooper

Guest
I still say..
He knows us as mom and dad, and we wouldnt have it any other way
it's sounds like CRAP
The bio father is not an issue
Looks like CRAP
That way it would knock out all her rights!!!!
Becuase this lady is full of CRAP!

Why don't you come out with the whole story, instead of this one sided, victim mentality CRAP
 
K

kelly_mark

Guest
ignore the past comments from DB. They are not even worth responding to!
You are that childs parents, you have been there for fevers, nightmare, bumps and bruises. Has the bio mother?? NO! I wish you every happiness and all the luck you can get. You go Mommy & Daddy
 

stealth2

Under the Radar Member
Just read DB's other posts. It's yet to post something helpful or useful. Just another troll.
 

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