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The father has given up all rights and has not seen her in 5 years. Now he wants to see her. Can he petition to see her?

Albany, NY |

We have gone to Court 5 years ago and he gave up all rights to see her. He wanted nothing to do with her. Out of the blue, now he wants to see her. I don't think it is a good idea and it is definitely not a good environment for her to be in. He does drugs and I believe that he sells them as well. Does he have any rights to see her? And also, can he petition with Family Court to see her? What rights does he have, if any?

Attorney Answers 4


  1. Yes, anyone can file a petition, however he does not have as strong of a chance given your past court history. You need good representation to take care of this issue once and for all.


  2. He can always file a petition. You need to answer that petition. Use an attorney.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship


  3. unfortunately, as the father, he always has the right to petition for visitation unless his rights were cut off by a neglect termination of parental rights or an adoption. What type of visitation and how often will be decided by the courts based upon the facts of the case. Get an experience attorney to represent you.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.


  4. I would need more information to answer your questions. I give free consultations. Give me a call.

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