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My fiancé and I have been together since I was pregnant with my son who is now 9 and we have a 4 year old son of our own. We're getting married October 2014. My sons biological father has been constantly in and out of my sons life not seeing him for months or even a year at a time. He has a visitation order but recently moved to Florida which further proves how nonexistent he is in my sons life. Can my fiancé adopt my son after we are married without my sons biological father agreeing?
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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
Answered on Jan 08th, 2014 at 10:05 AM