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I know that abandonment in itself is grounds for termination. I was just wondering if anyone knew how much time is considered abandonment?
Lil J has been with us for 21 months and his mom has not been working a plan at all. Visits have been sporatic at best.
But, she is currently "missing" meaning that she has not called the CW about visits, phone calls go straight to voicemail, and certified letters have not been picked up.
The last contact was the end of Oct. So, almost 2 months.
She is currently living in another state, and the CW is going to start calling the hospitals, jails, etc.
Anyone have experience with abandonment after a while in care?
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To qualify for abandonment, the parent must be missing for 6 months - meaning that whereabouts are unknown AND also must have no contact either with DYFS or the child during that time. That section of the statute is very very rarely used to terminate parental rights. And usually if it is met/relied upon as a grounds for termination, the Division will usually still present evidence sufficient to terminate based on the four-prong best interest test, and then use abandonment as a supplemental ground. Not sure why, but almost all the reported Appellate Court opinions on termination always analyze under the subsection of the statute that outlines the four-prong best interest standard. Good luck though!
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NJMama
To qualify for abandonment, the parent must be missing for 6 months - meaning that whereabouts are unknown AND also must have no contact either with DYFS or the child during that time. That section of the statute is very very rarely used to terminate parental rights. And usually if it is met/relied upon as a grounds for termination, the Division will usually still present evidence sufficient to terminate based on the four-prong best interest test, and then use abandonment as a supplemental ground. Not sure why, but almost all the reported Appellate Court opinions on termination always analyze under the subsection of the statute that outlines the four-prong best interest standard. Good luck though!
Yes--we've been involved in a case like this: where the father never saw the child, was not able to be located (suspected to have left the country) from BIRTH. His rights were not terminated in the 10mo that the child was with us. She was then returned to her mother for the next 10mo and during the last 7 weeks of that time, she left NJ for TX (with DYFS' permission--she was still being monitored). Child was removed in TX at 20mo old and father had still never seen or financially supported her ever (the financial support was part of consideration for abandonment in both states).
The TX case dragged on with a motion for TPR mom introduced when this child was 2yo. Child remained in care until she was almost 3yo and they attempted twice to locate dad and did the notifications, etc. but STILL didn't terminate (although the judge was livid at this point that it hadn't been done).
Child is now 3-1/2yo, with birthmom under a conservatorship agreement (kind of like a shared custody thing with her TX foster parents) and both birthparents still have their rights. Dad has still never seen her. I spoke to the dad on the phone (from his home country) once when she was 2-1/2 and he confirmed never having seen or supported her, but was speaking with me because we were the only people that were "up" for adopting her (although we are thrilled with the resulting conservatorship).
On the flip side, my daughter's mother gave her up at birth (didn't want her--child wasn't removed, but not a straight SafeHaven case because mom DID return to the hospital to give scant family info although didn't appear in court to do a legal relinquish... can you say "mess"?) and her father was unknown. Both parents were TPR'd on the abandonment rulings and she was adopted just before 1yo.
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