QUESTION
I have guardianship of my granddaughter, her father has not visited her in some time, how long before the law will consider this abandonment?
Asked on Sep 08th, 2012 on Child Custody - Mississippi
9 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Abandonment is only relevant if the mother of the child had custody and wanted her husband to adopt the child.
Answered on Sep 14th, 2012 at 3:58 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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6 months
Answered on Sep 14th, 2012 at 3:58 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Unless you take some legal action to remove his visits or his rights (if you are trying to adopt the child) the court will do nothing.
Answered on Sep 14th, 2012 at 3:58 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It isn't clear why you are asking the question, so it isn't possible to provide a meaningful answer. But, in most situations where "abandonment" has specific meaning, the mere fact that the father has not "visited" is not enough, by itself, to be considered abandonment. Abandonment is, generally, a question of intent and intent requires evaluation of ALL relevant facts.
Answered on Sep 14th, 2012 at 3:57 PM
One full year of no contact OR no support can be abandonment. If he is deployed or in prison or otherwise prevented from contact, that is different. Nothing happens automatically and termination of rights will not be granted unless there is a better alternative offered to the court, for example, if you wanted to adopt. Where is the mother in in all of this?
Answered on Sep 14th, 2012 at 3:57 PM
Leonard A. Kaanta
2 years.
Answered on Sep 14th, 2012 at 3:57 PM
There is no provision for "abandonment." You, as Guardian, are "standing in the shoes" of the parent. If you wanted to adopt her, and the court agreed it was appropriate, the father's parental rights would be terminated.
Answered on Sep 14th, 2012 at 3:56 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Could be less than six months. However, phone calls, texts, letters, and email count as contacts
Answered on Sep 14th, 2012 at 3:56 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The law will not consider this abandonement. This occurs only when a parent leaves a child without any supervision at all.
Answered on Sep 14th, 2012 at 3:56 PM