by clear and convincing evidence that the parent has failed without justifiable cause to provide more than de minimis contact with the child OR to provide for the maintenance and support of the child as required by law or judicial decree for a period of at least one year immediately preceding either the filing of the adoption petition or the placement of the minor in the home of the petitioner.Â
However, as often seems to be the case in law, the failure to do either is not without exception. If you receive notice your son or daughter is going to be adopted, even if you’ve had no contact or failed to provide support for a period of one year preceding the filing of the adoption petition, you can still contest the adoption to show justifiable cause why you did not do both. If you decide to contest an adoption, it is advisable to have an attorney represent you.