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Tina
Tina, Lawyer
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Experience:  JD, 17 years legal experience including family law
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I have a birth Mom contemplating adoption. She has been in

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I have a birth Mom contemplating adoption. She has been in contact with the birth father who does not support adoption. However, he has not given support of any kind (emotional, financial, spiritual etc.) to either of his kids. Their daughter is 2 and the new baby was born in August 2011. What does she need to do to prove abandonment and if it is accepted that he is not an acknowledged father, can she make an adoption plan for her children or will his refusal preclude adoption as an option. Thank you, Miriam
Submitted: 3 years ago.
Category: Family Law
Expert:  Tina replied 3 years ago.
Hello and welcome Miriam,

Is there someone willing to adopt the children?
Customer: replied 3 years ago.
Yes, we have several possible families all cleared and ready to go. Right now, it is too risky to present her to these prospective parents.
Expert:  Tina replied 3 years ago.
I see.

Courts are typically more receptive to a petition to terminate parental rights when the petition is filed in conjunction with a petition for adoption, so it is usually best to file both at the same time.

The mother and adoptive parents could come to an agreement with regard to splitting the costs of such an action, but courts are usually reluctant to terminate a parent's rights if that would leave the child with only one parent.

Abandonment is one of the grounds for terminating parental rights under NM law. Here is a link that sets out the various grounds:

http://deltabravo.net/custody/termNM.php

Here are the factors a court will normally consider in determining whether abandonment has been proven:

  • Left the child without provision for the child’s identification for a period of 14 days; or
  • Left the child with others, including the other parent or an agency, without provision for support and without communication for a period of:

    • three months if the child was under six years of age at the commencement of the three-month period; or
    • six months if the child was over six years of age at the commencement of the six-month period.

  • Here is a link that provides more information on this issue:


  • http://old-jec.unm.edu/resources/benchbooks/child_law/ch_22.htm#22-4-2

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Tina, Lawyer
Category: Family Law
Satisfied Customers: 32720
Experience: JD, 17 years legal experience including family law
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