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    fedup30's Avatar
    fedup30 Posts: 1, Reputation: 1
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    #1

    Jan 9, 2009, 09:21 PM
    Is it abandonment after 5yrs?
    I live in NY and I have an 11year old. My child's father has been in and out of jail from the child's age of 2. Our last communication with him was over 5 years ago. I looked him up on the internet and he is currently in jail. He does not pay child support and never has. Can I file for child abandonment and petition for him to give up his parental rights?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jan 10, 2009, 06:02 AM

    Give up his rights for what? He isn't using them. Are you married looking to have your child adopted?

    And child abandonment is a crime that means you left the child unsupervised. This is not abandonment, this is just not using his parental rights.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 10, 2009, 07:00 AM

    Has he ever used his rights ? Do you have a new partner that wants to adopt, that is when you normally take away rights.

    You can not "file abandoment" but you can file for a change in the order of custody and use this as a grounds for it. Now many states do not reconise merely no contact or no child support as a reason to change custody. But normally extended prison time is a reason to change a custody order.

    You should be able to get a new custody order that does not allow him any visits at this time.
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