How long before child abandonment can be filed on non custodial parent?
I have custody of him (3 years old) and have had custody since he was 2 months old. She has standard visitation but has hardly got him at all this year. In March she got in trouble with CPS, tested positive for marijuana and was told to move due to her current residence being unsafe for children.
After the CPS meeting she reached out wanting to see her son but I told her I wanted her to complete her Drug classes and AA meetings that CPS suggested she do and pass a drug test so I knew it was safe my son being around her. 3 weeks passed with no contact and on mother’s Day she reached out to see him and I did not respond. Now it has been 161 days since her last attempt to contact. She didn’t even bother reaching out on her sons 3rd birthday.
Is it 6 months of no contact or 12 months before something can be filed?
My wife is open to adopting him. She has been his mother since we got custody of him at 2 months old.
Prior to our CPS meeting in March I had asked the bio mom to sign her rights away because she hasn’t tried being a mother to him and she refused. But now has gone all this time with no contact.
2 attorney answers
It doesn’t work like that. Not visiting is not a grounds for termination of parental rights under Chapter 161 of the Texas family code.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
Consult family law counsel about reaching out to the mother as to whether she wants to relinquish parental rights or wants to have a relationship. You must prove a ground, voluntary or involuntary, under Texas Family Code Chapter 161 to terminate parent-child relationship as well as best interests of your child by clear and convincing evidence. Beyond that an adoption requires a home study and criminal background check.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, Lampasas, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
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