Legal Question in Family Law in New York

abandonment and adoption by stepfather

My Ex is an alcholic and gets drunk when he has had my son. He has not seen my son or talked to him since May of 06. Can I have him removed as the legal father and have my husband adopt him and if so what do I do. Sue


Asked on 3/04/08, 11:17 am

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: abandonment and adoption by stepfather

It can be done. If he is paying support it will stop after the adoption is final. First ask him if he agrees. If he agrees he can sign a form from family court agreeing to the adoption.

Whether he agrees or not, you and your husband have to go to family court and file for the adoption. It is much harder if your ex does not agree because you will have to prove he is a bad father in order to terminate his parental rights. Good Luck.

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Answered on 3/04/08, 11:47 am


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