New York Adoptions Legal Questions

What you wrote is very unclear- is the biological father in your daughter's life?  If so, forget about step parent adoption. If not, and if the biological father consents (or ignores the adoption paperwork after you serve him with it), you still have several more hurdles. First, you need to marry your boyfriend. Second, he needs to be out of jail. Third, you still need to wait a few more years after that to prove to the court that he is in a permanent, mutually emotionally and financially supportive relationship with BOTH you and your daughter. Step-parent adoptions are not just about filing paperwork and waiting for a judge to sign an order, even if the biological father is not in the picture. You have to prove to the court he is a significant and positive influence in your daughter's life, and that you are a family. With your boyfriend in jail and you two not even married, you are quite a few years away from that. And depending on how much longer he'll be in jail, whether he's coming back to/how fast he can find a job, why he's in jail in the first place and whether he's a first time or repeat offender, any of those factors might prevent a court from signing off on the adoption, as well. ... Read More

It depends on a few different factors. How long did you own the cat?  If it was a recent adoption and you lost the cat for 15 days shortly after adopting it- you're not getting the cat back unless you can prove you made a monumental effort to find him/her, and there was a good reason it took so long to find the cat. If the cat is older and you've owned the cat for years, you might have a chance to get the cat back, if you can prove you've taken the cat for regular veterinary care, vaccinations, etc. ... Read More

The good news is that since you're married and (I assume) New York residents, any child conceived by either of you and born during the marriage is legally the child of both of you. However, given that certain states like North Carolina and South Carolina are resistant to gay marriage and recognizing parental rights of gays, and this political climate has seemingly emboldened conservative lawmakers to repeal or fail to enforce civil rights, a second-parent adoption as an extra layer of security is a good idea. ... Read More

If the biological father refuses to consent to the adoption, the court will have to determine if the father has proven he has the requisite relationship to your son to prevent the adoption form occurring. This is a fact dependent inquiry, where unless the father had "substantial and continuous or repeated contact, his consent to the adoption will not be required. You should consult with counsel. Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More

You will have a difficult path toward guardianship, let alone adoption. You would have to petrition a court and demonstrate that the mother abandoned the child for four years. While not impossible, the longer you wait in getting into court, the more time the mother, who has rights as the 'natural guardian', can assert control over the child and try to prove she is a 'fit' mother. Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More

You have set forth a number of questions, each of which requires a brief discussion with counsel, and to understand with whom you are living, and whose name is on the birth certificate. However, at the outset I can state that if you are married, there is a 'presumption' that the child is your husband's. You should consult with qualified counsel.     Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com  ... Read More

Ms. Howell: Because you are legally married to a man that is not the biological father of your child the law recognizes your husband as the child's legal father. Your current husband has all the rights and responsibilities toward the child. The biological father is a legal stranger. If he is to be named the legal father it requires court intervention.  The sooner the better. The longer the child recognizes your husband as his father the more difficult it becomes for the court to change the child's parental  legal status  The concept is called   equitable estoppel.   Ava Gutfriend www,gutfriendfamilylaw.com 347-504-1262... Read More

Ms. Gilman: The simple answer is yes. However, the court would be very interested in knowing why your spouse does not wish to adopt as well.  If the children are foster children, the agency that you are certified with, should be assisting you with all the information necessary for the adoption. There are many steps to go through prior to adopting, i.e. termination of the parents parental rights.  I have handled uncountable termination and adoption cases and I can assure you if you are not receiving information from the agency or the attorney for the children, something is not right. Ava Gutfriend www.gutfriendfamilylaw.com 347-504-1262... Read More

If in fact the biological father is not on your child's birth certificate, no order of affiliation has been entered by a court and no man has acknowledged paternity, the issue is not complicated.  The adoption  by your husband can be sought rather easily.  However, if a man is named on any of the above mentioned  documents then the issue must be taken up by an  application to terminate the biological's father parental rights.     Ava Gutfriend The Law Office of Ava Gutfriend www.gutfriendfamilylaw.com 347-504-1262... Read More

Ms. Johnson: The father of your child's parental rights needs to be terminated in order for your husband to adopt your child. The termination can be heard in family court by the filing of a petition to terminated his rights or by an application for surrender of such rights. If the biological father consents to the termination, that of course makes the termination a great deal simpler.  I hope the answer was of assistance.    Ava Gutfriend Law office of Ava Gutfriend www.gutfriendfamilylaw.com 347-504-1262... Read More

If in fact the father of your child is willing to have your fiance adopt your daughter, the matter can be handled by an experienced attorney who practices regularly in family court.  The father of your child's parental rights must be terminated either by a surrender  or a hearing to terminate his parental rights before he may adopt.  Your question reveals facts that suggest a surrender may be  the option.   Ava Gutfriend Law Office of Ava Gutfriend www.gutfriendfamilylaw.com 347-504-1262... Read More

IF her parents are willing, and will sign consents, if you can have her visit and stay with you, then a proceeding can be brought in your local court for adoption. You should consult with counsel who can advise as to the costs. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More

Regardless whether the child was adopted, if named in a will, in this case by a birth grandparent, is entitled to the bequest. If there was no will, then no bequest, and no right to inherit. It is strongly recommended the questioner consult with a qualified attorney in his or her area. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyerwww.upperwestsidelawyer.com    ... Read More

Adoption will convey upon you and the child all of the privileges, rights, obligations and burdens, that would occur in any parent-child relationship, including inheritance rights. Custody would merely give you the right to be in charge of the child's upbringing, education, and so forth. Gerry Wendrovsky, Esq.- Upper West Side Family Law Lawyerwww.upperwestsidelawyer.com  ... Read More