Q: My sons father pays child support threw the state. But has not seen my son in 3 years. Is that considered abandonment?
My son is 6 and has seen bio dad a handful of times. He knows my husband as his dad. Multiple times his bio dad has disappeared and come back later trying to see him. At this point it has been 3 years since they have seen each other. However he does have child support taken out of his checks by the state. My husband wishes to adopt him. Can we terminate his rights due to the fact that he does not maintain a healthy relationship with my son.
A: The first thing to do would be to ask the biological father if he would contest your husband's adoption of your son. If not, then an adoption would be very straightforward. If he would contest the adoption, then you a court would have to evaluate the strength or the parent -child relationship before making the decision to severe the biological father's paternal rights. Either way, talk to a family and adoption law attorney local to you to assist you in the process.
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