Saturday, June 22, 2013

What is considered legal abandonment of children in new york ?

Q:  about one year ago, i was going through a crazy part of my life, drugs, cheating, no job etc, and i allowed my boyfriend and father of my children to house the kids by his parents with him. During that time I paid no support to help them buy things and I did visit from time to time. Now, I have a job and I an apt. and I want to have my now ex-boyfriend pay toward the apt to house the kids and get child support and bring them to live withe me. Can he claim I abandoned them and file for custody against me ? what are my odds of getting custody according to the law. ?

A:  David's Answer:  Legal "abandonment" is generally considered to be insubstantial contact with children for more than a 6-month period. It therefore doesn't appear you've legally abandoned the children. There are numerous factors which much be considered to render an opinion on custody, however. I therefore advise that you schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (

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