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    withinme's Avatar
    withinme Posts: 3, Reputation: 1
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    #1

    Feb 12, 2011, 08:26 AM
    How to petition a fathers rights in ny state?
    My son, who is 14, has never had a relationship with his father. I have a support order, but have never received anything. His father has been in and out of jail for all these years and has not had any contact in over 3 years. Recently, I received a summons to appear in court. He actually petitioned to lower child support, which he doesn't even pay! The reason being is that he is incarcerated again, this time was a 1-3 felony. I would agree to drop the support, including all arrears if he would give up his rights. I am a single parent and it would save my son and I the trouble of dealing with this guy. Any suggestions?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 12, 2011, 08:40 AM

    Sorry it does not work that way, you can't pay lets make a deal.

    You can file and sue to have his rights taken away because of the prison term. This can depend on where you were at as to the ability to file to take his custody away.

    Next if you or the child ever received any public welfare
    ( not saying you did) then he would or could have a obligation for payments back to them also.

    But the amount of child support is based on income, often it is done without hearings, just based on the party presenting the facts of their income and you are given a right to ask for a hearing and object.

    If he has no income ( in prison) he has full right to ask for it to be reduced. So he will not owe so much back support latter.

    But first you don't have the right or ability to forgive court ordered child support debt, and he does not have the ability to sign over his rights without approval of the court, and almost never does unless there is a new parent to adopt

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