Sunday, September 7, 2014

Grounds for abandonment? Can I have his rights revoked? My daughter turned 14 in June and wants nothing to do with him at all

Q: My ex has a drug/alcohol addiction. He is currently going to court for his 3rd DWI within the last 10 years that he recv'd in Apr. The judge at family court ruled in Jan 2014 that he is not to have any visitation with my daughter, unless in a therapeutic session and only until the counselor deems it necessary to cancel sessions. My ex recently canceled all further sessions and told my daughter that he would walk away and leave her alone. He has had no contact with her since July, and does not pay child support regularly. The child support collection unit, filed a violation.

A: David's Answer: There is no such thing in NY has having parental rights terminated outside of the context of an adoption proceeding. You can, however, file a motion/petition to have visitation terminated (as that's apparently what he wants anyway). His obligation to pay support will continue, however. - David Bliven, Westchester Family attorney (www.blivenlaw.net)

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