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    singledad1973's Avatar
    singledad1973 Posts: 2, Reputation: 1
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    #1

    Mar 14, 2010, 08:48 AM
    Ny state law 2 years no contact with child is it abandoment
    My daughters mother has no contact with her. Has never given a penny in support and two years ago moved to Florida. It has almost been 2 years that she has last seen her I was told in NY after two years of no contact its considered abandoment and she would lose all and any parental rights. Is this correct and if so do I go to court with this or do nothing ?
    singledad1973's Avatar
    singledad1973 Posts: 2, Reputation: 1
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    #2

    Mar 14, 2010, 08:51 AM

    Do I go to court and claim this? Or if she tries to see her its just my right to not let her?
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #3

    Mar 14, 2010, 09:00 AM

    Why haven't you gone to court yet? You should have filed for child support and made sure you had a custody order in place. I don't know about it being child abandonment but I'm sure one of our experts will be on soon enough.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 14, 2010, 10:32 AM

    No, if they had left the child at walmart and drove away, that is abondoment

    It is grounds of "abondoment" to file for full custody. And unless you went to court and got a child support order, they don't owe you one penny and not behind on anything.

    So you only get rights and custody by going to court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 14, 2010, 11:29 AM

    Please pay more attention to posting guidelines. There is a Read First sticky in the Children forum (where this was moved from) that directs questions of a legal nature to this forum. Had you gone to the Family Forum as directed you might have seen a sticky note at the top of that forum that discusses abandonment.

    What you were told is not correct. While NY may allow abandonment as GROUNDS for a termination of parental rights, its not a given. The fact is that courts are very reluctant to grant a TPR and will generally do so only to clear the way for an adoption by a step parent or because the parent represents a danger to the child. Neither appear to be the case here.

    Also, it would appear that the mother is not exercising her rights so what do you think you will gain by terminating them?

    Was custody, support and visitation ordered by a court? Were you ever married to the mother? How old is the child?
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