Legal Question in Family Law in New York

child abandonment

My soon to be Ex and I have Joint Custody. I have physical custody he has visitations. It has been six months since he has seen our son. My son was 4 months old when I recieved a phone call,he decided he did not want him anymore.He told me he would give me full custody. However he has not petitioned the court yet. Can I petition on grounds of abandonment or do I have other grounds. I have not signed the divorce papers till I have full custody. Any Any HELP will be appreciated.


Asked on 6/24/03, 4:14 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: child abandonment

My condolences on this turn of events. I am sure the break-up of your marriage was difficult for you, but now your feelings on abandonment must be even more intense. Avoid precipitous or quick action. Child support is an important issue. While your husband has a right to visitation, he may forego that right. However, he has a duty to provide child support and may be held to it even if he chooses not to be a part of your child's life. Your ex sounds perhaps immature or a man with very low self-esteem. Even if he forfeits visitation now, he may petition the court for visitation or joint custody in the future.

Custody is a negotiation issue for the divorce judgment. Have you discussed all of this with your attorney? You are welcome to a consultation at my offices at 42 West 44th Street, NY,NY at no fee. Please call firsat for an appointment. (646) 591-5786

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Answered on 6/24/03, 7:53 pm


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