It's not "claiming abandonment," it is called a PetitIon to Terminate Parental Rights. It can be filed after 6 months of neglect or abandonment. When granted, it legally terminates the parental relationship between father and child. Obviously, the father is still the biological parent but legally he is no longer a parent to that child. It is never up to the child to decide this regardless of age; only the other parent can bring the Petition to Terminate. Some judges want to hear that after the termination, your current husband will adopt the child, so they don't leave the child without a parent. We have these kinds of petitions granted all the time against absentee parents but the risk is that when you serve the father with papers - and you do have to give him notice of this Petition - he may come back into the child's life professing his great love for the child and harass and annoy you. If that is the case, you can dissuade him by seeking child support even if you don't need the money. That may send him packing.

Answer Applies to: Nevada
Replied: 11/1/2011

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In New York State, you no longer have to wait a period of time to claim abandonment, as you can now file divorce based on a breakdown of the relationship. You only have to show that there has been a breakdown in the relationship for at least 6 months, which you can show if your husband has not had any contact with you or your son in 9 months. However, it is important to note that this is just on the issue of divorce and what grounds you have to file divorce against your husband. In terms of child custody, that can be determined as part of the divorce proceedings, but even though your husband has been out of the picture for 9 months, he will still remain your son's father for all legal matters. He will still have a right to visitation unless the court believes that doing so would present a dangerous condition for your son.

Answer Applies to: New York
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You can file for divorce on the grounds of abandonment after one year. But you don't even need grounds anymore if there is an irretrievable breakdown of the marriage. The court may or may not listen to your son's desires. A child's desires is not necessarily in his best interests.

Answer Applies to: New York
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.