Legal Question in Family Law in New York

Abandonment

I recently married a single father of a 14 year old boy. My husband is listed on the birth certificate as the father..they were never married and she walked away from her son when he was 1 1/2 years old. She has never had contact with either since she left over 12 years ago and my husband has never been able to locate her since. If she is located, is she liable to pay him back support for the past 12 years or will she only be liable from the time she is located?? My husband has also been thinking of just severing her parental rights to their son seeing how this is obvious abandonment...if she can't be located, how would he go about this? Thank you for your help.


Asked on 4/24/02, 11:44 pm

1 Answer from Attorneys

James Grissom Law Office of James P. Grissom

Re: Abandonment

The child's father would have to file a lawsuit to collect the past due child support. In TX, courts routinely order past due child support from the time the abandonment took place. If he wants to terminate her rights, that can also be done on the basis of abandonment. If she can't be found, the normal procedure is to serve her with notice by a legal advertisement in the newspaper.

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Answered on 4/25/02, 9:07 am


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