Is there a timeframe where a father loses his rights to his child after no contact?

Krista Manley: Is there a timeframe where a father loses his rights to his child after no contact?
I have a son and his father refuses to sign over all rights to me. He also chooses to have no contact, no visitation, nothing with his son. I have remarried and my husband wants to adopt. Is it true that after a certain amount of time with no contact he “waives” his rights and the courts do not require him to sign them over?

Answers and Views:

Answer by Rebecca M
Most states have presumed abandonment laws. You’ll need to check the time period in your state.

Answer by Dear Jane…
No, it is not. It is true that in order for your husband to adopt your son, you have to RE-file for his name to be changed/custody etc. Your ex will either sign over rights at that point OR he will be like my bio father and refuse. If he refuses, there isn’t anything you can do -even if he’s not paying child support. The old court order still remains in effect and nothing changes unless the judge agrees it should. You can take your chances, but I’m almost willing to bet it’s going to be a waste of money.

Answer by George McCasland
In Missouri, a mother can deny the father access to his child for six months, while telling everyone he doesn’t care, than the stepfather can adopt. This kind of claim is standard. Just won a case in New Jersey where a mother was doing that. She now owes the fathers $ 65,000.
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