What if the biological parent sends a gift but has no other contact — is that abandonment in Texas?

Sending a single gift — especially if it is the only contact in 6+ months — is typically considered "token contact" and does NOT negate abandonment in Texas.

Under Tex. Fam. Code § 161.001, the court looks at the TOTALITY of the parent's involvement:

What constitutes "meaningful" contact:

• Regular, consistent visits
• Ongoing phone calls with the child
• Active participation in the child's life
• Attendance at school events, doctor appointments, etc.

What is "token" contact (usually NOT enough to negate abandonment):

• One gift in 12 months
• One birthday card
• An occasional phone call that the child may not even remember
• A social media comment about the child
• Sending money to your spouse (not engaging with the child directly)

The key test: Has the biological parent maintained a meaningful, ongoing relationship with the child? One gift does not create a meaningful relationship.

Court perspective:

• Judges are experienced at distinguishing genuine involvement from token gestures
• A parent who sends one gift but makes no effort to visit, call, or be present has abandoned the child in all meaningful ways
• The court's priority is the child's experience — did the child have a real parent in this person?

Document the gift (date, what it was, context) and note the lack of all other contact. We include this in the abandonment affidavit.

Cost: $349 | Court: District Court | Start at stepparentadoption360.com/questionnaire