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  1. #1
    Join Date
    Dec 2011
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    8

    Default Father's Rights After Mother Abandons the Children

    My question involves a child custody case from the State of: New York
    My niece 16 and nefew 17 were living with their mother at their grandarents, in New York. The mother moved out and left the kids there. Does my brother, who lives in Illinois, have the right to have custody or does he have to pay child support to the grandparents?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Mother Abandoned Kids-Fathers Rights

    Were Mom and Dad ever married? Were there prior court orders in place?

  3. #3
    Join Date
    Dec 2011
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    8

    Default Re: Mother Abandoned Kids-Fathers Rights

    They never married. My brother has been paying child support.

  4. #4
    Join Date
    Dec 2011
    Posts
    8

    Default Re: Mother Abandoned Kids-Fathers Rights

    Can he just go there and bring them home with him?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Mother Abandoned Kids-Fathers Rights

    Do the grandparents have custody or guardianship through a court? If he's paying them child support, it would appear so.

  6. #6
    Join Date
    Dec 2011
    Posts
    8

    Default Re: Mother Abandoned Kids-Fathers Rights

    I dont think the grandparents have any custody because they are still trying to get the mother to come to court to change the child support from her to her parents.

  7. #7
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Father's Rights After Mother Abandons the Children

    Was mom assigned full custody or is it shared? Was support court ordered or did he just decide to pay? We need to know all of the court orders in place. This is not 20 questions.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Mother Abandoned Kids-Fathers Rights

    That would actually suggest that the grandparents do have at least some court-ordered custody or guardianship.

  9. #9
    Join Date
    Dec 2011
    Posts
    8

    Default Re: Mother Abandoned Kids-Fathers Rights

    No the grandparents dont have custody or any court ordered guardianship.

  10. #10
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Mother Abandoned Kids-Fathers Rights

    You still haven't answered the question of whether there were prior court orders in place. What sort of court ordered visitation/custody rights does your brother have?

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