View Full Version : If I let my child go to her dads should there be a time limit?
bensgirl6377
Apr 3, 2011, 07:00 AM
If She is there for more then a period with consent with me is there any way he can try to file for abandment in the state of New York
tickle
Apr 3, 2011, 07:10 AM
Do you already have a visitation agreement in place with the Courts? If not, then anything can happen.
Tick
ScottGem
Apr 3, 2011, 07:36 AM
No. See this sticky for what constitutes abandonment. https://www.askmehelpdesk.com/family-law/child-abandonment-read-first-364259.html
However, if you have no court ordered custody/visitation then he has joint custody and doesn't have to return her without a court battle. So you need to formalize things in the courts.
JudyKayTee
Apr 3, 2011, 10:28 AM
The person who HAS the child controls the child unless there is a Court Order. "He" takes her, "he" controls the situation.
Get a Court Order.
bensgirl6377
Apr 4, 2011, 04:17 AM
There is a court order for visitation I was trying to let him spend extra time with his daughter and wasn't sure if I should because of any laws that he could try to keep her
ScottGem
Apr 4, 2011, 04:44 AM
No, You can always allow him more time if you wish, just not less. If there is a visitation order that means you have primary physical custody. So if he refused to return her, you go to the police with a copy of your custody order and he will be forced to return her.
AK lawyer
Apr 4, 2011, 05:45 AM
... if he refused to return her, you go to the police ...
The police have a stock answer for that kind of situation:
"It's a civil matter."
GV70
Apr 4, 2011, 07:10 AM
The police have a stock answer for that kind of situation:
"It's a civil matter."
I cannot agree more.
ScottGem
Apr 4, 2011, 03:21 PM
The police have a stock answer for that kind of situation:
"It's a civil matter."
Sometimes, not always. A lot depends on how much documentation the person has.