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NateFamilyLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 10685
Experience:  I have worked with individuals regarding family law questions for 7 years
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I have not heard from my ex in a very long time and I already

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I have not heard from my ex in a very long time and I already have full custody how long in the state of Alabama must I wait to file abandonment on him?
Submitted: 5 years ago.
Category: Family Law
Expert:  NateFamilyLaw replied 5 years ago.

Thank you for your question and welcome to


How long has he been gone?

Customer: replied 5 years ago.
Over a year. Last I heard from a mutual friend he lived in Illinois then Texas now no one knows. I'm getting creditors calling me looking for him.
Expert:  NateFamilyLaw replied 5 years ago.
That is enough for abandonment. You can file divorce based on that ground now if you want to do so.
Customer: replied 5 years ago.
I'm sorry we have been divorced for 3 years. And he has never been active in their lives. Now nothing. I am remarried and my husband wants to adopt them. I wanted to know how long until I can file child abandonment. I'm sorry I should have been more clear.
Expert:  NateFamilyLaw replied 5 years ago.
Much different! Your ex must give up his parental rights. Until that happens, your husband cannot adopt the children. Hopefully, if he is uninvolved, he will be willing to do that for the kids' sake.
Customer: replied 5 years ago.
So there is no way to file without my ex's consent? I have no clue where he is. We never hear from him.
Expert:  NateFamilyLaw replied 5 years ago.
You can petition to terminate his rights through publication. You would have to run an ad in the legal section of the paper for 4 or so weeks. The court has its own rules on that, but you would have to terminate his rights first before your husband can adopt them.
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Customer: replied 5 years ago.
Thank you for your time and your answers.

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