Length of time of no contact between a parent and child before abandonment is considered in the state of Iowa?
My child is 6 months old currently. The Mother has expressed verbally and written as of 3 months ago that she doesn't want anything to do with the child no longer. I have given her many opportunities to see and have a relationship with our child. From my understanding and of reading other cases similar to mine it takes up to 6 months or longer of no contact or support from the child's other parent in order for it to be considered abandonment and to lose all rights. Is this correct? How long before it is considered abandonment and she no longer has rights to our child?
There is not a specified length of time where it is considered abandonment and there is no automatic termination of her rights. If you two aren't married, you would need to filed a paternity action to legally establish your rights. In that action you could request sole legal custody and primary physical care. You might also be able to pursue a termination of her rights, but many counties will require this to be done with a step parent adoption.
Well, if you're not married, you have no recognizable legal right to the child, and she could waltz in at any time and take the child back.
And no, there's not an automatic "abandonment" rule. You would need to (a) establish parental rights on your own behalf in the child, (b) establish yourself as the primary physical custodian, and (c) move to terminate the mother's parental rights.
The comments listed here are of a general nature and are not offered to create a formal attorney-client relationship -- that is, I am not, and I cannot give you legal advice here. I am Iowa licensed and, to become your attorney, I need to understand the particular facts and circumstances of your legal question and most likely meet you face to face.
