my son is 7 months old and his biological father has never seen him. he has no intentions (as far as i know) to see him either. how long would i have to wait to file abandonment on him? and what would filling abandonmnet do? would it be grounds for tpr? i'm just confused on what it would accomplish. my fiance wants to adopt my child, weve been together since i was 3.5 months pregnant and has been the only father my son knows. when we get married would this help accomplish our goals??

my son is 7 months old and his biological father has never seen him. he has no intentions (as far as i know) to see him either. how long would i have to wait to file abandonment on him? and what would filling abandonmnet do? would it be grounds for tpr? i'm just confused on what it would accomplish. my fiance wants to adopt my child, weve been together since i was 3.5 months pregnant and has been the only father my son knows. when we get married would this help accomplish our goals??

First, you will need to be married for at least 1 year before you try to file for a TPR and adoption.

If, at that time, your ex has not contacted you, or paid any CS it will make it easier to TPR. At that time you should get a consult with an attorney just to make sure that you won't be wasting your time and money. I say that because although a court has ordered your ex to pay CS, if an appeal is filed, or if enforcement action is ever filed, your ex would have a legal defense because he is legally disabled and only recieving SSI. In other words, in a situation like that the court should not have ordered CS, the order is actually unenforecable because your ex's income is considered to be a form of public assitance, which cannot be garnished or levied.

does it make a difference if its social security disability? i'm not exactly sure what it is, he was fighting for it when we were together and he broke up with me before it was granted the disability. would my son be eligible for ssi since his father is on it? my dad was on ssi and they gave a check to my mom every month for me and my sister but thats been a few years ago. sice he has not always been on ssi would he owe for areas when he was not on it? i can try to find out what kind of ssi he has if that makes a difference.

does it make a difference if its social security disability? i'm not exactly sure what it is, he was fighting for it when we were together and he broke up with me before it was granted the disability. would my son be eligible for ssi since his father is on it? my dad was on ssi and they gave a check to my mom every month for me and my sister but thats been a few years ago. sice he has not always been on ssi would he owe for areas when he was not on it? i can try to find out what kind of ssi he has if that makes a difference.

There are 2 types of disabilty benefits from the SSA.

One is SSDI (social security disablity income). It is based on the person's previous work history. SSDI can be garnished, and is NOT a form of public assistance. It can be used to determine a CS obligation.

The other is SSI (supplemental security income). This is paid when a person has never worked, or had not worked enough to have enough credits to qualify for SSDI. SSI is NOT garnishable, and cannot be used to determine a CS obligation. It is considered to be a form of public assistance.

In some cases, a person will qualify for both, in those situations the SSDI portion can be garnished, but the SSI portion cannot.

Another difference bewteen the 2 is that when a parent is recieving any SSDI, thier child will qualify for SS benefits also. However, if only SSI is recieved, the child is not eligible to recieve any benfits.