I am supposed to have joint custody of my now almost 3 yr old. About 2 years in april me and the mother agreed on a 3 month turn with daughter (I have 3, she has 3, I have 3...) well.. 1. She has never had her in the last 2 years because she wont get a job or find a stable place to stay. 2. Last time she attempted to contact us was Aug 4th on facebook last year. 2. Has been arrested 2 times in past year for Assault DV, a assault on police officer, disorderly conduct... 3. Ive been paying child support this whole time and she hasn't had the child for one day.. is this enough for abandonment and to sever rights?
1 Answer from Attorneys
First of all, I am so sory to hear about your situation. And, sadly, yes she has more than accomplished child abandonment, which required only six months of non-contact and/or non-financial assistance. You certainly could apply to the juvenile dependency court for termination of her parental rights. However, she has the right not only to notice but to free representation, so if she decided to participate and fight it you might have a battle on your hands. If she agrees to sever her rights voluntarily, then it will be a much easier and shorter court case. I imagine you could get your child support stopped if her rights are terminated. I would recommend you consult with an experienced family-law and juvenile-dependency attorney for help. Best of luck!