Hacienda Heights, CA asked in Family Law and Adoption for Colorado

Q: Is it abandonment if he knew about his child and hasn’t contacted me since he found out?

My son is 16 months old. The last time I spoke to his father was four days after I told him that I was pregnant. He was fairly wishwashy about whether or not he wanted to be involved in his child’s life, so I told him that he had my number and to call me when he made up his mind. I never heard back. We have a bunch of mutual friends and he knew my son’s due date, but he never contacted me to establish paternity. I’m getting married in a couple months and my fiancé wants to adopt my son, but everything I’ve researched says that his father has to terminate his rights. Can I have his rights terminated based on the fact that it’s been over two years since I heard from him and nearly a year and a half since my son was born?

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1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Family Law Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: It may be possible for your husband to adopt your child once married. In order to do so, the father's rights will have to be terminated. Lack of contact and/or support for over 1 year is grounds for termination, if the judge finds it to be in the child's best interests to do so. You should consult an attorney for the adoption.

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