Legal Question in Family Law in Alabama

Abandonment and Adoption

My exhusband has had no contact with my son since Christmas of 2006 when he called to tell him he wasn't going to come and pick him up. There has been no calls and no attempts to contact at all. His wages are garnished for child support in accordance to our original divorce agreement. My husband would love to adopt my son and my son wants the same. What are our chances of getting adoption to take place. My ex started out just seeing our son at Thanksgiving and Christmas Eve and not calling but once in a blue moon. Now no contact whatsoever. My ex left us when he was 14mos. old and now he is 11. He has never used his visitation time consistently except for a period of a year right after my husband and I first married almost 8 years ago. Do we have a case of abandonment and the right to pursue adoption?

Asked on 4/30/08, 11:58 am

1 Answer from Attorneys

Mari Morrison Mari Morrison, P.C.

Re: Abandonment and Adoption

Your chances are very good. There are several ways of accomplishing an adoption of this type which include him voluntarily signing consent for adoption or court action in probate court seeking implied consent by his failure to maintain contact. I work in the area of family law and adoptions and am in Birmingham. I would be happy to assist you should you seek an attorney.

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Answered on 5/01/08, 8:56 am

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