Can my uncle seek legal custody if his wife is gone for six months?

[George McCasland]

First, is he paying court ordered child support? If not, under government guidelines, he's a deadbeat dad. New York does not recognize anything given the mother, without a court order, as child support, regardless of proof. She can still file for retroactive child support. Also, even while paying court ordered child support, he has NO PRESUMED RIGHTS to the child.

If she intends to leave for six months, he should play nice, as after 30 days, he could file for custody of the child. However, he will need to also file for his parental rights, on the same day. He does not want to give her any warning that he plans to do this. Note that in New York, it is legal for him to record his conversations with her. N.Y. Penal Law §§ 250.00, 250.05

These links will teach him how to prepare a Chronological Statement before attempting to hire an attorney. They also will teach him how to hire the right one. He should also keep a Daily Journal.
http://Getting_Started-Fathers_N_Family_...house.org/
Http://Attorneys-Hiring_The_Right_One.Dads-House.Org
http://Child_Support.Dads-House.org
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Federal Child Support Enforcement Handbook for Non-Custodial Parents
http://ChildSupportRights.org
http://child_support_tax_considerations....ights.org/
http://childsupportquiz.childsupportrights.org/
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