Feeny511 said:
We had a court date last march for custody. He called me a week before and asked me what I wanted. He said that he did not want to come in between what me and the child were doing. He said "would if something happens that would stop him from seeing the baby in the future.". He said that he has not done anything for the child. He also stated that he is not a father, he is just a sperm donor. He also said that his lawyer told him that he would have no problem getting visitation rights. I told him that I thought the baby would be better off without him. I told him that I would never bad mouth him. We made an agreement that he would not see the baby and I would not ask for any child support. In December of 2003 we went to court for custody he was incarcerated at the time for violating probation. So he said that he did not want anything. It is a temporary order that says I have sole legal and phyisical custody and that the father's visitation with the child are suspended. That is the only thing ever signed by a judge about this.
But yes the last time he has seen the child or talked to him was 2 1/2 years ago.
And he is on the birth certificate.
Sorry this is so long.
I do not know the specific guidelines for abandonment in your state, I could not find them either. But, most states guidelines are usually no contact/no support for anywhere from 6-12 months. So, certainly 2 1/2 years of no contact and no visitation you can show that the father is exhibiting an extreme disinterest in the child, and or abandonment. Normally, courts like children to grow up with two parents to support them, and prefer if you there was someone that was willing to adopt (ie, if you are remarried he can adopt your child). However, with 2 1/2 years, you can petition the court for a TPR.