Legal Question in Family Law in New York

abandonment

If my husband took his stuff and left, and we have a 2y.o. son with special needs (autistic) and I'm 8 months pregnat. When or how many days after, you can accuse him of abandonmet?

Sil


Asked on 6/23/04, 10:53 pm

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: abandonment

In NY, he must be gone 1 year, without your consent and without justification, and with the intent of not returning, in order to sue for abandonment. If you sue in court for judgment of legal separation, no time limit on abandonment.

Read more
Answered on 6/24/04, 9:18 am
Daniel Clement Law Offices of Daniel Clement

Re: abandonment

An abandonment need be for a year or more. It may not be necessary for you to wait to commence an action for divorce (if you have grounds) or seeking maintenance and child support.

I suggest you retain a lawyer ASAP.

Let me know if I can be of assistance.

Daniel Clement

Read more
Answered on 6/24/04, 12:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York