Legal Question in Family Law in New York

Need advice on how to pursue my situation

I am a single parent on a low income in NY state. I am getting married this year and moving to another state. My child's biological father is not my fiancee, but my fiance wants to adopt the child. The child has never seen or had contact with the child. Should I file for sole custody before leaving the state, and if so do I need a lawyer?


Asked on 2/26/02, 11:02 pm

1 Answer from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Need advice on how to pursue my situation

You should absolutely file for sole custody of your child. Your fiancee will not be able to adopt your child without the biological father consenting, because it will terminate the biological father's rights. You should get an attorney as well. If you are low income, you can ask the Family Court to appoint counsel for you. You will have to fill out a financial form so the court can make sure you qualify.

Read more
Answered on 2/27/02, 6:22 am


Related Questions & Answers

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