Q: If a judge orders a one-year supervised visitation and it is not followed can that be used in court as abandonment?
Me and my ex have one child together. Due to domestic violence we have separated and charges were filed. (2015) before actually having court for these charges while waiting I went and got a restraining order which was granted for one year along with one year supervised visitation for our son who had just turned one. In between the restraining order and the domestic violence charges my ex was incarcerated. However when released the one year was not expired and he never started the visits. Can this be used as abandonment for a step-parent adoption? Even if there was a no contact order in place between biological parents?
A: Such an argument could be made. He would still have to be given notice of a proposed adoption, however.
Bruce Alexander Minnick agrees with this answer
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