Q: I have a 3 year old son whose biological father is not on his birth certificate.
Due to him not being there during the birth. He has never seen the child but is aware of him. He refused a paternity test and we have been living our lives without him, until a few months ago when we saw him at a birthday party and he now wants to have something to do with him. No paternity test has been done or even ordered but we have a child support hearing that he filed for. Do I have a good case to file an abandonment against him?
A: You probably have statutory grounds to file a suit to terminate his parent-child relationship. However, even if you have statutory grounds, you must prove that terminating the relationship is in the best interest of your son. Determining what is in the best interest of a child is a fact intensive and holistic endeavor. I have had difference experiences with different judges. Moreover, he is entitled to a jury on that question. No one can reliably predict what may happen in this particular situation.
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