What is considered child abandonment?
Have you ever gone to Court to have paternity legally established naming the biological father as the legal father? Did the biological father ever sign an Acknowledgment of Paternity? If you have done neither of these things, the biological father is not the legal father of this child. That means the biological father did not abandon his child since, legally, he is not the legal father. Since he is not the legal father, he has no obligation to pay any support for the child or any other obligation toward the child. That doesn’t mean that you can just have your husband adopt the child. Before your husband can adopt, you would have to establish legal paternity for the biological father, and then file to have his rights terminated. Now, let’s say you file to have biological father legally adjudicated as the father. Once you do that, he can fight to keep his rights, and chances are the Courts will allow him to establish a relationship with his son. (They might allow the adoption, but they m
