Can custody be revoked of an absentee parent?

Q: It has been several full years of no contact from the joint-custodial parent. No phone calls, emails, , extra money, nothing, not even from relatives. Child support is eventually paid, but with official reminders through a government agency. Health insurance and medical care, court-ordered, have not been provided during these years. Whereabouts of that parent are suspected but unknown. The child is 10 and was abandoned by this parent as a baby. 2 visits of a couple hours each during toddler-hood. Can that parent's custody and parental rights be revoked based on these grounds? Can that parent protest if this were attempted to attain? Can custodial parent assign a legal guardian so the child won't be sent to the absentee parent in case of parental death?

A: David's Answer: You certainly have grounds for a modification petition to revoke the joint custodial status as well as severely restrict (if not eliminate) any court-ordered visitation. You generally cannot terminate parental rights in the absence of an adoption proceeding. And you cannot prospectively terminate rights in the event of your demise - you can however capture your "state of mind" on the issue by executing a will. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)