CA Abandonment Law?

[Sallee2Be]

I was wondering if anyone knows what the abandonment law is in CA? I have looked everywhere and can't find the specifications for determining abandonment. My ex has gone almost two years with no contact (no letters, phone calls etc) and 3 years without excercising visitation. Even on a sliding pay scale I can't afford an attorney.....anyone???? Thanks in Advance ~Nicole~

 

[I AM ALWAYS LIABLE]

I was wondering if anyone knows what the abandonment law is in CA? I have looked everywhere and can't find the specifications for determining abandonment. My ex has gone almost two years with no contact (no letters, phone calls etc) and 3 years without excercising visitation. Even on a sliding pay scale I can't afford an attorney.....anyone???? Thanks in Advance ~Nicole~

My response:

You say you can't afford an attorney; however, I can't figure out from your post why you want one. That is, you haven't stated your "objective" or purpose or reason to hire an attorney; i.e., what are you trying to accomplish?

Once that's answered, then we'll take it from there.

IAAL

 

[Sallee2Be]

IAAL-thanks for your response. I guess I should explain. I have a 7 year old daughter. Her Father and I separated when she was 11 months old. Our divorce was final in 1997. I remarried in 1997 and my current husband financially supports us. He wants to adopt my daughter. The custody order calls for joint custody with me as the primary physical care giver. Support has never been paid and visitation has been sporadic and then non existent. What I want to do is one of two things....1.)Change the custody order by having the father's parental rights dissolved due to abandonment and then pursue the adoption OR 2.)Pursue the adoption and show by abandonment that the natural father cannot contest it. I really don't even know where to start because all of the advice I have had has been heresay. I have been told that it has to be anywhere from 6 months of no contact to 3 years. Or that even though he is hiding and obviously doesn't want to be found thatI have to spend money I don't have to hunt him down and take him to court. I am so confused and just don't know what to believe. I want what is best for my daughter....she wants to be adopted by my husband but what we want doesn't seem to matter.....it seems her whole life is dictated by this dead beat dad that doesn't even send a card or pick up a phone once in awhile. Thanks again for your time IAAL.
~Nicole~

 

[I AM ALWAYS LIABLE]

My response:

Here is the relevant Statutory authority concerning parental abandonment, how long the abandonment must be before it is considered abandonment, and what to do.

Suffice it to say, and despite the fact that you can't afford an attorney, you're just going to have to find a way to do so - - if you want to accomplish your task. This is not a "Do-It-Yourself" procedure, due to the Constitutional nature of the procedure, and the "substantial rights" you are attempting to extinguish.

California Family Code section
7822.

(a) A proceeding under this part may be brought where the
child has been left without provision for the child's identification
by the child's parent or parents or by others or has been left by
both parents or the sole parent in the care and custody of another for a period of six months or by one parent in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.

(b) The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the
intent to abandon. If the parent or parents have made only token
efforts to support or communicate with the child, the court may
declare the child abandoned by the parent or parents.

(c) If the child has been left without provision for the child's
identification and the whereabouts of the parents are unknown, a
petition may be filed after the 120th day following the discovery of
the child and citation by publication may be commenced. The petition may not be heard until after the 180th day following the discovery of the child.

(d) If the parent has placed the child for adoption and has not
refused to give the required consent to adoption, evidence of the
adoptive placement shall not in itself preclude the court from
finding an intent on the part of that parent to abandon the child.
If the parent has placed the child for adoption and has refused to
give the required consent to adoption but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child.

Good luck to you.

IAAL

 

[Sallee2Be]

Thanks again