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View Full Version : What are the New York state child abandonment laws if never married?


Oneita
Oct 12, 2011, 02:00 PM
Hi, I need help for a custody/visitation case. I haven't filed yet but I would like to know if anyone has an answer or advice about getting full sole custody with the other parent not having any visitation. He hasn't seen my baby in almost a year and then suddenly pops up that he wants three days a week. He doesn't pay his support regularly and has stated a many of times that he never wanted to bring a child into this world. If anybody has any information on abandonment laws or anything that could help in my case to keep this man from ruining my baby's life please email me at >Removed< Thank you.

JudyKayTee
Oct 12, 2011, 03:12 PM
It's not abandonment in NY (and I'm in NY) unless he leaves the child unattended or places the child in danger. Why are you filing for custody and/or visitation when you already have custody and he doesn't visit? You are going to argue that he SHOULD visit? If so, the Court isn't going to enforce that Order.

This is how it works - if there is no Order you refuse to allow him visitation. He takes YOU to Court and asks for visitation. If he DOES have Court-ordered visitation and you deny him access to the baby you are violating a Court Order and YOU could be in trouble.

What about support? Is he paying?

Why do you think he's going to ruin your baby's life? What is the problem with him?

He, unfortunately, has legal rights. If he is a danger he could be awarded supervised visitation as opposed to no visitation.

I would not file ANYTHING at this time. Let him file against you - if there is no existing Order. He is going to get some form of visitation if he files unless I'm missing something. Leave it alone.

NY enforces the rights of both parents.

ScottGem
Oct 12, 2011, 04:57 PM
Before posting on a site like this it is a good idea to browse around first for similar posts. Had you done so, you might have found this:
https://www.askmehelpdesk.com/family-law/child-abandonment-read-first-364259.html

One of the major problems women have when trying to shut a bio father out of their chilld's life is the court will look at the fact that the woman was willing to have sex with the man. So how bad a person can he be.

So he hadn't planned on being a father and it has taken him a while to have a change of heart. But the court will look at it as a change of heart and give him a chance to know his child and vice versa.

But, as Judy noted let him initiate any court action.