child abandonment?

[dsvanpelt]

California. I have an almost 6 yr old daughter and her father has not see her in almost 1 year. He has taken me to court after previously not seeing her for almost 3 years to fight for visitation. once he was awarded visitation it lasted for about 3 months and no contact for the last 6 months when his now girlfriend had a baby. I have been in a relationship for almost 4 years now with a wonderful man who i consider to be her father, the only father she really knows. My ex does not pay child support or provide medical for our daughter.my question is after one year of no contact is this considered child abandonment? ad what actually is considered contact besides phone calls and actual visitation. i received a text message from him about 5 months ago, is this considered contact? i should also mention that his name is not listed on her birth certificate but he has never contested paternity. can the court deny an adoption if the biological father objects even though he has no part in her life?

 

[Shay-Pari'e]

California. I have an almost 6 yr old daughter and her father has not see her in almost 1 year. He has taken me to court after previously not seeing her for almost 3 years to fight for visitation. once he was awarded visitation it lasted for about 3 months and no contact for the last 6 months when his now girlfriend had a baby. I have been in a relationship for almost 4 years now with a wonderful man who i consider to be her father, the only father she really knows. My ex does not pay child support or provide medical for our daughter.my question is after one year of no contact is this considered child abandonment? ad what actually is considered contact besides phone calls and actual visitation. i received a text message from him about 5 months ago, is this considered contact? i should also mention that his name is not listed on her birth certificate but he has never contested paternity. can the court deny an adoption if the biological father objects even though he has no part in her life?

No, it is not considered abandonment. Yes he can contest to an adoption. You are not even married, so that is a mute point.

Is he ordered to pay support?

 

[TheGeekess]

Short answer: yes.

Search this forum, and you'll see why you can't do what you want to do.

 

[casa]

California. I have an almost 6 yr old daughter and her father has not see her in almost 1 year. He has taken me to court after previously not seeing her for almost 3 years to fight for visitation. once he was awarded visitation it lasted for about 3 months and no contact for the last 6 months when his now girlfriend had a baby. I have been in a relationship for almost 4 years now with a wonderful man who i consider to be her father, the only father she really knows. My ex does not pay child support or provide medical for our daughter.my question is after one year of no contact is this considered child abandonment? ad what actually is considered contact besides phone calls and actual visitation. i received a text message from him about 5 months ago, is this considered contact? i should also mention that his name is not listed on her birth certificate but he has never contested paternity. can the court deny an adoption if the biological father objects even though he has no part in her life?

If his name is not listed on the birth certificate, has there been ANY order (Custody or Support) which assigned Paternity? If there is no Court Order for anything...ever...and no AOP or birth certificate...then, technically the child has no legal father right now.

Clarify those things.

You'd also need to be married first. Then bio father would have to be absent of ALL contact for a minimum of one year. Then you'd need to file to TPR (Terminate Parental Rights) and petition for stepfather to be able to adopt.

It's difficult to TPR in CA. Especially if the time frame is sporadic contact rather than NO contact for years. Also, if there is no Court Order for support - then bio Dad isn't obligated to pay any.

 

[dsvanpelt]

there is a current order for child support and visitation, he just doesn't pay support or follow the visitation schedule. he is entitled to every 1st,3rd and 5th sat for 4 hours until a relationship has bee established and free to call whenever he wants. that lasted about 3 months. he hasn't seen our daughter in almost a year,nor has . it breaks my heart that courts allow this and keep giving him chance after chance to confuse my daughter and just pop in ad out of her life when its convenient for HIM

 

[Ohiogal]

there is a current order for child support and visitation, he just doesn't pay support or follow the visitation schedule. he is entitled to every 1st,3rd and 5th sat for 4 hours until a relationship has bee established and free to call whenever he wants. that lasted about 3 months. he hasn't seen our daughter in almost a year,nor has . it breaks my heart that courts allow this and keep giving him chance after chance to confuse my daughter and just pop in ad out of her life when its convenient for HIM

Well the simple reason is YOU let him pop in and out of you when it was convenient for YOU. Hence, that gave him this right when it made him a parent. Constitutional rights are NOT easy to strip from people.