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Can my uncle seek legal custody if his wife is gone for six months?
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Can my uncle seek legal custody if his wife is gone for six months?
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Can my uncle seek legal custody if his wife is gone for six months?
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11-09-2012, 06:44 PM
Post: #1
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Can my uncle seek legal custody if his wife is gone for six months?
My uncle was living temporarily with a woman for a while. They had a child together. They have since then separated. My uncle pays child support and has the child on the weekends. She has decided to take a trip for six months and has assumed that my uncle will be able to take care of the child. She never provided any warning for the trip or anything. Is there a way that my uncle can now try to seek sole custody and use this to his advantage? We live in NYC.
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11-09-2012, 06:52 PM
Post: #2
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yes
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11-09-2012, 06:52 PM
Post: #3
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Yes and he needs to file for custody now.
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11-09-2012, 06:52 PM
Post: #4
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At the very least he can file for an adjustment in child support if she has no contact with the child, and he has her/him.
Or he could sue for total/sole custody on the grounds that she "abandoned" the child to him, by not notifying him that she was giving him the child and making arrangements BEFORE leaving. |
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11-09-2012, 06:52 PM
Post: #5
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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 -------------------- Federal Child Support Enforcement Handbook for Non-Custodial Parents http://ChildSupportRights.org http://child_support_tax_considerations....ights.org/ http://childsupportquiz.childsupportrights.org/ -------------------- To learn a father's rights, join Dads House Educational Center in Yahoo Groups. It's free to join, access all materials You associate with other fathers going through, and have already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues. Mention your question here when asked why you want to join, as well as your state? http://groups.yahoo.com/group/Dads_House_Ed_Ctr/ http://www.facebook.com/pages/Dads-House...7188746254 \\\\\\\\ |
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11-09-2012, 06:52 PM
Post: #6
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His best bet is to play along--take the son in, keep records of when he has the child and when the mom contacts them, etc., then about five months in (before she comes back from her trip), file for abandonment and full custody. Since he will have the records stating that she left the child with him, he would have a good chance of getting it and then also getting backpay in child support from her as well. Check out the fathers' rights resources below for more info.
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