Tuesday, May 21, 2013

Can I get sole custody of my 11 year old daughter in NY, the father has been absent the last 10 years?

Q:  I would like to file for sole custody in the state of NY. I never married my daughter's father. He moved to another state when she was 9 months old. He has not support her neither emotionally or financially since she was 7 months old. He has been absent all this years. She doesn't know him, only through old pictures I showed her in the past. I tried to contact him when my child was a toddler so she can meet him but he did not show any interest, so I stopped trying. since 2005 I don't know his whereabouts, and this has been always an issued to get important documents like a passport for my daughter since he is on the paternity certificate.

A:  David's Answer:  You're certainly likely to get sole custody on this basis. The dilemma will be serving him, as he technically needs to be served with the court summons. You may ultimately need to do a "diligent search" and/or publication notice. At any rate, you should schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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