Legal Question in Family Law in New York

Re: adoption via termination of paternal rights through abandonement

The immediate issue is whether the bio father still has the right to veto the adoption, not whether you can terminate his parental rights. This depends on the age of the child and the particulars of the father's involvement with the child. You should consult with an attorney to discuss the details of your situation as soon as possible.

Re: adoption via termination of paternal rights through abandonement

The other atorney's make excellent points.

I want to contribute this point in addition: to block the adoption he will have to show up in court. Based on what you have written, this seems unlikely. he may bluster, but do not expect him to offer meaningful resistance. Plan on him not opposing and then, if he does show up, ask for an adjournmemnt to get yourself a lawyer.

The adoption will happen if you want it too, you have my assurances.

Remember, you have a very strong negotiating position. If he contests, then you can serve him with child support papers.

I think the odds are against him contesting the option. You are welcome to a consultation for no fee.

Re: adoption via termination of paternal rights through abandonement

If the biological parent did not give up his rights to the child, then he still has an interest in the child. If that parent was abusive to the child, either physical or mental, then you should bring this up when the father contest the adoption.

Abandonment, and failure to support in and of themselves do not terminate parental rights.

A history of child abuse can, however, terminate parental rights.

Charles A. Whittier, Esq.