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    amandamarie87's Avatar
    amandamarie87 Posts: 1, Reputation: 1
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    #1

    Jul 26, 2010, 11:13 AM
    Removal of parental rights in New York
    The law varies in each state regarding abandonment and removal of parental rights. I am in New York and the info out there seems contradicting! Help! My son is just one this week, but his father left for Virginia 7 months ago and has not seen him, contacted him, supported him or anything! I don't want him to be able to just pop into his life whenever he feels fit, so I need to know if I can take away his rights or claim abandonment? We have never been married if that's important.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 26, 2010, 11:40 AM

    In NY, no. If the father is in violation of the support order, then go back to Court and ask that he be held in contempt.

    He has not abandoned the child - he left the child with you.

    If you haven't taken him to Court, he has no rights; therefore, there are no rights to remove.

    Did you read this before you posted? https://www.askmehelpdesk.com/family...st-364259.html
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jul 26, 2010, 01:00 PM

    What info have you found contradicting? Courts are very reluctant to grant a TPR. Generally, they will do so only to clear the way for adoption or if the father is a danger to the child. Lack of contact is not a valid reason. Nor is this abandonment. Leaving you alone would be grounds for divorce, but since you weren't married it doesn't apply. It is not enough for a TPR.

    Have you ever filed for child support? Was he ever acknowledged or declared as the legal father?
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