Legal Question in Family Law in New York
Abandoment/Emancipation
1 out of 3 kids has only been in contact (very little) with father, who has joint custody, for the past 3 years. The other 2 who are now 16 and 20-nothing. Now the soon to be 18 year old doesn't want anything more to do with us. Can the father file for abond/emanc. to relinquish his right to pay cs. He is obligated to pay till they are 21, but shouldn't they make an effort to stay involved?
2 Answers from Attorneys
Re: Abandoment/Emancipation
Based on the facts the answer is no. He is resonsible for support whether they visit or not. However, they should be encouraged to visit.
Re: Abandoment/Emancipation
You can try to make an application that they are emancipated if they have one of the requirements under the law that demonstrate that they are self supporting and have left the custodial home. There are several other possibilities but they are not usually successful based upon actions of the children to the non-custodial parent.
The parents of the children have an absolute responsibility to support the children and that is the position of the court.
If you want any assistance on this matter, please feel free to contact me at 516/746/4747 for a free consultation.
Joel R. Salinger, Esq.
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