Question:

How long does a parent go with contact for it to be considered abandonment?

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I know different states have differnt regulations.

I live in New York state.

Please no rude answers.

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  1. NY Law on Termination of Parental Rights defines abandonment by a set of circumstances rather than a bright line rule about x time period:

    For the purposes of this section, a child is 'abandoned' by his parent if such parent evinces an intent to forego his or her parental rights and obligations as manifested by his or her failure to visit the child and communicate with the child or agency, although able to do so and not prevented or discouraged from doing so by the agency. In the absence of evidence to the contrary, such ability to visit and communicate shall be presumed.


  2. 1 year in my state

  3. I have guardianship of my nephew (have had him as our own for 6 years now).  His mom is my sister so we speak with her often.  The dad seems to care less.  The courts told me that if the dad fails to make contact for a full year, then it is considered abandoment and we would not his permission to adopt. However, he pays child support so that is considered keeping in touch...so we can't adopt him.  (we already have my sisters permission).  That was a Michigan court by the way...

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