Troy, NY asked in Family Law for New York

Q: Can I get the father on abandonment ? He has not seen his son and just put papers for visitation.

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2 Lawyer Answers
Peter Christopher Lomtevas
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Answered
  • Schenectady, NY
  • Licensed in New York

A: There is no such thing as "abandonment" in any state. An absent father has just as much legal right to his child as the mother does no matter the estrangement. The only encumbrance would be an entry in the state child abuse registry. Another may be the wishes of the child, but those wishes only go so far.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: Abandonment only applies to a parental termination case brought by DSS. Unfortunately, visitation is a right to be exercised as the father wants just like voting. You can vote each year or skip it.

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