Kapolei, HI asked in Family Law for Hawaii

Q: If noncustodial father( lives in ga ) pays cs but has not had any contact with his daughter in over 2 years.

Ncp has been in jail for non payment of child support multiple times from his other children. He has no communication with our daughter and my husband wants to adopt her

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1 Lawyer Answer
Elizabeth S. Cuccia
Elizabeth S. Cuccia
Answered
  • Wailuku, HI
  • Licensed in Hawaii

A: Under HRS §578-2 Consent to adoption. Consent for adoption may not be necessary under the following conditions:

(c) Persons as to whom consent not required or whose consent may be dispensed with by order of the court.

(1) Persons as to whom consent is not required:

(A) A parent who has deserted a child without affording means of identification for a period of ninety days;

(B) A parent who has voluntarily surrendered the care and custody of the child to another for a period of two years;

(C) A parent of the child in the custody of another, if the parent for a period of at least one year has failed to communicate with the child when able to do so;

You and your husband should consult with a family law attorney to discuss your options.

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