Hello I am from upstate, ny. I am trying to find out how to file for abandonment against my sons father. I have full custody and he has visitation two days a week however he has not seen his son or paid child support in over 3 yrs. I now have an order or protection against him regarding death threats on myself and my husband. He is a heavy drug user and has a criminal record a mile long. I am afraid that one day he will just show up and try to take my son. Please give me any advice that you have.
Thank you

I think you need to talk with the sheriff, clerk of court, and magistrate about your legal difficulties. You may need a lawyer to pursue your child's right for support. However, why would you want to bring this guy back into your life? By sicking the law on him?

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Originally Posted by mamanina1985

hello i am from upstate, ny. i am trying to find out how to file for abandonment against my sons father. i have full custody and he has visitation two days a week however he has not seen his son or paid child support in over 3 yrs. i now have an order or protection against him regarding death threats on myself and my husband. he is a heavy drug user and has a criminal record a mile long. i am afraid that one day he will just show up and try to take my son. please give me any advice that you have.
thank you

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A Declaration of Abandonment will not solve any of these problems - you have an Order of Protection against him and hopefully he will not violate it or, if he does, you can have him arrested. Does the Order also extend to your husband and son?

You already have full custody and if the Order of Protection extends to your son the father cannot see him anyway -

As long as the protection order is in place that'll stop him from coming and trying to take your son (assuming, of course, that the authorities and courts are willing to enforce it.) Have you considered having your husband try to adopt your son? The biological father would have to give his consent but since he hasn't seen or supported your son in over 3 years he may be perfectly happy to relinquish his rights to pave the way for the adoption.

Is there anyway a judge can force the biological to sign off rights to there child. So that my husband may adopt my daughter

No, not "usually" UNLESS the father is in prison for a very long time or a habitual drug user (in some cases) or a danger to the child. This is almost impossible to accomplish.

Have you said to the father, "If you sign the adoption papers you won't have to pay child support any longer?"

Sometimes that works.