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    bensgirl6377's Avatar
    bensgirl6377 Posts: 2, Reputation: 1
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    #1

    Apr 3, 2011, 07:00 AM
    If I let my child go to her dads should there be a time limit?
    If She is there for more then a period with consent with me is there any way he can try to file for abandment in the state of New York
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Apr 3, 2011, 07:10 AM

    Do you already have a visitation agreement in place with the Courts? If not, then anything can happen.

    Tick
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 3, 2011, 07:36 AM

    No. See this sticky for what constitutes abandonment. https://www.askmehelpdesk.com/family...st-364259.html

    However, if you have no court ordered custody/visitation then he has joint custody and doesn't have to return her without a court battle. So you need to formalize things in the courts.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 3, 2011, 10:28 AM

    The person who HAS the child controls the child unless there is a Court Order. "He" takes her, "he" controls the situation.

    Get a Court Order.
    bensgirl6377's Avatar
    bensgirl6377 Posts: 2, Reputation: 1
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    #5

    Apr 4, 2011, 04:17 AM
    There is a court order for visitation I was trying to let him spend extra time with his daughter and wasn't sure if I should because of any laws that he could try to keep her
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 4, 2011, 04:44 AM

    No, You can always allow him more time if you wish, just not less. If there is a visitation order that means you have primary physical custody. So if he refused to return her, you go to the police with a copy of your custody order and he will be forced to return her.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Apr 4, 2011, 05:45 AM
    Quote Originally Posted by ScottGem View Post
    ... if he refused to return her, you go to the police ...
    The police have a stock answer for that kind of situation:

    "It's a civil matter."
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #8

    Apr 4, 2011, 07:10 AM
    Quote Originally Posted by AK lawyer View Post
    The police have a stock answer for that kind of situation:

    "It's a civil matter."
    I cannot agree more.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Apr 4, 2011, 03:21 PM
    Quote Originally Posted by AK lawyer View Post
    The police have a stock answer for that kind of situation:

    "It's a civil matter."
    Sometimes, not always. A lot depends on how much documentation the person has.
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