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View Full Version : Removal of parental rights in New York


amandamarie87
Jul 26, 2010, 11:13 AM
The law varies in each state regarding abandonment and removal of parental rights. I am in New York and the info out there seems contradicting! Help! My son is just one this week, but his father left for Virginia 7 months ago and has not seen him, contacted him, supported him or anything! I don't want him to be able to just pop into his life whenever he feels fit, so I need to know if I can take away his rights or claim abandonment? We have never been married if that's important.

JudyKayTee
Jul 26, 2010, 11:40 AM
In NY, no. If the father is in violation of the support order, then go back to Court and ask that he be held in contempt.

He has not abandoned the child - he left the child with you.

If you haven't taken him to Court, he has no rights; therefore, there are no rights to remove.

Did you read this before you posted? https://www.askmehelpdesk.com/family-law/child-abandonment-read-first-364259.html

ScottGem
Jul 26, 2010, 01:00 PM
What info have you found contradicting? Courts are very reluctant to grant a TPR. Generally, they will do so only to clear the way for adoption or if the father is a danger to the child. Lack of contact is not a valid reason. Nor is this abandonment. Leaving you alone would be grounds for divorce, but since you weren't married it doesn't apply. It is not enough for a TPR.

Have you ever filed for child support? Was he ever acknowledged or declared as the legal father?