Ask Me Help Desk - NY state Child abandonment laws?

NY state Child abandonment laws?

Hi, I live in the State of NY, My daughter is 11 yrs old and her biological father has not had any contact with her for the past 9yrs... scents she was 2 yrs old. I have never received any child support from him at all, I also had a restraining order on him at one time when she was 2yrs for me and her that is now expired, My current husband has been in her life helping me raise her for the past 9yrs of her life she even calls him dad and has no memory's of her biological father what so ever. I just recently found out her Biological father has been released from prison on parole after doing 7yrs for tempted murder, he now is trying to contact me along with his parents for visitation. My question is... what can I do legally to stop this? Is there a child abandonment law, or something were I can get his parental rights token away. I did talk to my daughter about this and she has made it clear that she doesn't want to see any of them. Please Help!

Quote:

Originally Posted by Mothof4

Is there a child abandonment law, or something were I can get his parental rights token away...

In New York, any parent who leaves her child in a public place with the intention of abandoning her is considered guilty of child abandonment, and it is not your case./New York penal code, Article 260/

According to Soc. Serv. Law § 384-b there are some circumstances that are grounds for termination of parental rights, i.e.
Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Mental Illness or Deficiency
Felony Conviction/Incarceration
Failure of Reasonable Efforts
Abuse/Neglect or Loss of Rights of Another Child
Failure to Maintain Contact
Failure to Provide Support

Generally TPR occurs only if the child has a permanency goal of adoption.
Incarceration matters if the parent was incarcerated for murder in the first degree, murder in the second degree, manslaughter in the first degree, or manslaughter in the second degree,assault in the second degree, assault in the first degree, or aggravated assault upon a person less than 11 years old.

Quote:

Originally Posted by Mothof4

My current husband has been in her life helping me raise her for the past 9yrs of her life she even calls him dad...I did talk to my daughter about this and she has made it clear that she doesn't want to see any of them.

That has no legal values.
I made a study of the case law but generally incarceration and an unwilling to have contact with other parent child are not grounds for termination of parental rights.

Quote:

Originally Posted by Mothof4

he now is trying to contact me along with his parents for visitation. My question is... what can I do legally to stop this?

If he is trying to contact you,then you may refuse it. If he files in Court,you cannot stop him.What/if any/ visitation he will have will depend on the judge's discretion.

Quote:

Originally Posted by Mothof4

I have never received any child support from him

Is there an existing child support order?

Sorry but no, abandonment has no bearing here. And if he wants visitation there is a good possibility he will get it though it would probably be supervised.

You should have had your husband try for an adoption. If he had tried while the father was in prison he might have gotten it.

There may have been a better chance when he was sentenced to prison, for a long period,

But at this point, 1. is there a current court order for visits ?
If so, you need to go to court and get it modified for no visits or at the most just supervised visits.
But unless he can be proved a threat to the child, and he wants his right and he wants to visit, his rights will not be taken away.

Of course for 7 years he could not visit, he was in prison.

Comment on Fr_Chuck's post

There is not a visitation court order or support, nor has there ever been one. Also the restraining order that I had in 2002 was for my daughter too, due to physical abuse on the both of us. As of right now he is on parole out of State... he's not in NY, and would it help to mention that he has a criminal recored of a lifetime history of arrest? He is a repeated offender... also he has a history of drug and alcohol abuse, his whole life he has either been jailed or running from the law on a warrant. At one point he was even on are city's 10 most wanted list. All of this can be proven in court. Does that help? My husband does want to adopt her that's why I'm asking about his rights. 1more question... does him running from the Law have the same significant of him being incarcerated?

Quote:

Originally Posted by Mothof4

There is not a visitation court order or support, nor has there ever been one.

That's the problem.You have never asked for child support,thus it is not only his fault .

Quote:

Originally Posted by Mothof4

My husband does want to adopt her thats why I'm asking about his rights.

Your husband does not have rights now.He has only obligations under the theory of "In Loco Parentis."
Another question is why he wants to adopt her now,not before 9 or 5 years.

Quote:

Originally Posted by Mothof4

does him running from the Law have the same significant of him being incarcerated?

Again-it will be on judge's discretion. I cannot predict a judge's decision.

Given his history, I think it unlikely for him to get visitation. But if he doesn't agree to the adoption that may be another matter. Hard to predict what a judge will do.

Get yourself a good Family Attorney who knows the local courts. Such an attorney will have a better idea what the courts will do and be in a better position to push the adoption through.