I have a 1 year old. Her father has not seen, asked about her or contributed financially for the last 5 months. I would like to file for full custody since he has stated he has no real interest in her and would only take me to court for her as revenge on me. I want to protect my child and feel that since there has been no contact, no concern whether our child is well or taken care of or her needs are met, that later on if he feels like pretending to be a father that the courts will look at that. How do you document someone NOT contributing or inquiring about their child? I need information on NY laws and if it is advisable to file full custody. I thought I read that in some states after 6 months that is considered abandonment.

I have a 1 year old. Her father has not seen, asked about her or contributed financially for the last 5 months. I would like to file for full custody since he has stated he has no real interest in her and would only take me to court for her as revenge on me. I want to protect my child and feel that since there has been no contact, no concern whether our child is well or taken care of or her needs are met, that later on if he feels like pretending to be a father that the courts will look at that. How do you document someone NOT contributing or inquiring about their child? I need information on NY laws and if it is advisable to file full custody. I thought I read that in some states after 6 months that is considered abandonment.

You need to file in court to establish paternity and custody and CS.

Unless you are married to the father, he is not the legal father until it is established by court order.

Since he is not yet the legal father, you cannot claim abandonment.
However, once he is the legal father, if he does not make any contact, including not paying court ordered CS, for 1 year or more, the claim of abandonment can be used, but only if you have a husband who wants to adopt.

Thank you for your reply. We were not married but I am not sure if a Acknowledgement of Paternity was signed in the hospital because I was on medication and in and out of sleep, it's quite possible (our daughter was born in Florida). He is on her birth certificate, she has his last name. I really do not want to go to court at all I just wanted to know if he does pop up to act like a father and take ME to court, I want to know I can show he has not had contacted me or taken care of her for several months. As you said the first step for me would be to just go to court and establish custody etc.

You need to file in court to establish paternity and custody and CS.

Unless you are married to the father, he is not the legal father until it is established by court order.

Since he is not yet the legal father, you cannot claim abandonment.
However, once he is the legal father, if he does not make any contact, including not paying court ordered CS, for 1 year or more, the claim of abandonment can be used, but only if you have a husband who wants to adopt.

Since there are no court orders, he doesn't HAVE to do anything. He doesn't have to support her. And 5 months is not that long.

I don't think the court cares that he is not involved now. If in the future he wants to have a relationship, he has the right to file. And he will get some form of parenting time, even if it's graduated. You have said nothing that indicates he would be a danger to her. He could wait 5 YEARS and still have rights.

If you want to leave things as is, you can, just as long as you don't get state aid, because they will go after him for reimbursement, and most parents who have to pay have the mindset that they want "their money's worth", time with the child. Even though the two are separate.

You already have full custody since the court has not said otherwise.