Legal Question in Family Law in New York

Adopt a child

My soon to be wife is still married, her ex is in prison for 18 yrs for a serious charge ( rape of his bio - Minor daughter ) He claims he cant get a divorce while locked up with out paying for it and when he was sent away the judge put a order of proctection on him with the children since they will be over 18 when he gets out. Our question is can he Stop me from adoptin the children when we get married where do we stand and how do we do this


Asked on 9/08/08, 7:47 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Adopt a child

In terms of the divorce, not only do you have grounds but the fact that he is incarcerated will make service of the papers easier.

In terms of adoption, it is my experience that consent from the ex-spouse. Maybe you are able to obtain consent from the ex if he understands that adoption will eliminate his child support obligations (yes, you still have to pay child support in prison).

Mike.

Read more
Answered on 9/08/08, 7:54 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York