New York Petition - Abandonment

Ask the Court to Undo the Guardianship & Start Over. A person can file a Motion to Set Aside the Order if the guardianship order is wrong or unjust. Ask the Court to Remove and Replace the Guardian. Ask the Court to End the Guardianship.

In New York, the legally acceptable grounds for involuntary termination of parental rights are as follows: The parent has intentionally abandoned the child for six months or more. The parent has a severe mental health disability that leaves them unable to care for the child.

Child abandonment occurs when a parent, guardian, or person in charge of a child either deserts a child without any regard for the child's physical health, safety or welfare and with the intention of wholly abandoning the child, or in some instances, fails to provide necessary care for a child living under their roof.

The parent or parents have left the child and failed to provide identification for the child (An example of this is providing a birth certificate); The parent or parents have failed to provide support for the child for an extended period of time;

In general, ending guardianship can be accomplished by filing a Petition with the Court asking for either discharge, or termination. If you are the Guardian, then you can file a Petition for Discharge or Termination.

Parents will have to file a petition with their local court requesting a hearing to determine parental rights. Once a petition is filed, parents need to attend a hearing before the judge who will determine whether rights will be granted/terminated.

New York Penal Law § 260.00: Abandonment of a child A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than fourteen years old, he deserts such child in any place with intent to wholly abandon it.

Abandonment: Your spouse "abandons" you for at least a year. This means that your spouse has left you, or kicked you out, and does not intend to return. Imprisonment: If your spouse goes to jail for three or more years.