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Legal Abandonment

brownhairedmom

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Does anyone know if its true that in Canada...if the biological parent doesn't make any contact or pay any child support for a year, his/her parental rights can be terminated due to legal abandonment? Someone mentioned this to me but I don't know the ins and outs of it. Anyone know anyone who has done this?
 
Not sure... will def be looking into that though as OH's ex hasn't let him see or talk to or returned any phone calls with his DS (5 years) since March.
 
If its anything like in some states in the US this isn't really a law but a precedent.

That when parental issues are brought up in court for, say an adoption, normal parental rights and procedures are waived and the judge finds favor with the abandoned parent.

Depending on the situation, this would also effect visitation (overnights etc).
:hug:
 
I don't think that it's the case in US,there's divorce on terms of abandonment but I'm not sure if there's stripping of parental rights.

Technically does Adam have parental rights? He is not on the birth certificate,so that would mean he has no rights to sign off?
 
I don't think that it's the case in US,there's divorce on terms of abandonment but I'm not sure if there's stripping of parental rights.

Technically does Adam have parental rights? He is not on the birth certificate,so that would mean he has no rights to sign off?

No, when there is no parent on the BC, anyone has the right to petition the court for mandatory paternity test. Adam could demand a paternity to name him the babies father. But he still has basic rights to determine parentage.

What she has in her favor is that no one really wants to go through the hassle of paternity and whatnot.

My OH at the time was a slimeball and I knew if I didn't do anything for him, he wouldn't do anything for himself haha... 13 years later, I was right lol.

In the US, there is never a stripping of parental rights just because of abandonment (Except for safe haven laws - which we aren't discussing here either). Not all states have the 'single, unmarried parent' type abandonment laws, and those that do, the laws aren't to strip the rights just for the sake of it, but to facilitate custodial actions like adoptions, etc.

(Divorce abandonment would be a separate issue since there was a contractual "marriage" in place in those situations, and not in single parent situations.)

In my state, if OH did not make a concerted effort within one year to show good faith in care and concern of his offspring, my daughter could be considered as abandoned and the state could process an adoption without his authorization. But this designation did nothing for child support etc.

You'll have to talk to a lawyer Rae, and find out what the situation is in your province. One thing I know though is do NOT assume anything - even if it costs you a little $$.

Good luck hon. In my situation I got the information as an offensive NOT defensive tactic. I knew in our situation that the less I messed with 'him' the less he would mess with us. I was right. Hope this is the same for you.
:hug:
 
Yeah all he has to do is take it in his head that he wants something to do with her and demand paternity. Then he'd get rights.

I am hoping that the less I mess with him, the less he comes around. But he's so damn unstable he could come up with this brilliant idea one night that having the baby around would benefit him or something and decide to make our lives hell for his own selfish reasons.

I'm just curious about it, it'd be interesting if that were the case.
 

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