How long before I can claim abandonment against my son's father?
My husband has been "daddy" to my son since he was 2 years old. Now my son is almost 9. The biological father is a pot smoker and an alcoholic. He has been in and out of my son's life since before I even had him. Mostly, there has been no contact for months. He hasn't made any contact with myself or my son in over 9 months. How long do we need to wait until I can claim abandonment? Also, how old would my son have to be to legally be able to make the decision himself? Thank you!
Answered By: Reza Athari & Associates, PLLC
It's not "claiming abandonment," it is called a PetitIon to Terminate Parental Rights. It can be filed after 6 months of neglect or abandonment. When granted, it legally terminates the parental relationship between father and child. Obviously, the father is still the biological parent but legally he is no longer a parent to that child. It is never up to the child to decide this regardless of age; only the other parent can bring the Petition to Terminate. Some judges want to hear that after the termination, your current husband will adopt the child, so they don't leave the child without a parent. We have these kinds of petitions granted all the time against absentee parents but the risk is that when you serve the father with papers - and you do have to give him notice of this Petition - he may come back into the child's life professing his great love for the child and harass and annoy you. If that is the case, you can dissuade him by seeking child support even if you don't need the money. That may send him packing.
Answer Applies to: Nevada
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Nevada
Replied: 11/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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