Legal Question in Family Law in New York

I'm not her biological Mother, but defienetely her Mother.

Hello, approx. 6 years ago I started dating a man who already had a child from a previous relationship. She was a dead beat mom who never cared for her child, due to this her rights were taken away, including visitation. About 4 years later, He and I also broke up and I took him to court and won custody of his daughter. Now he has turned into a deadbeat Dad as well. Neither one of them has ever given me a penny for child support, nor do I need it really but I'd like to fully adopt her because I don't want them to come years later and try to take me to court to gain custody of my daughter for whatever reason. She is physically and mentally healthy, financially covered, and well educated in my hands. After the type of parents she's had she deserves to live that way forever. Will the NY state adoption laws allow me to adopt her? Will I need both of their consent even after theit custody rights have been given to me?


Asked on 8/25/02, 9:20 pm

1 Answer from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: I'm not her biological Mother, but defienetely her Mother.

Their consent in not required on these facts.

You would have to ask the court to terminate the parental rights of both biological parents. They would both have to be served. If you do not know, and cannot obtain, their address, you will have to ask the court to give you permission for service by publication.

If you wish to discuss this with me privately, please call to schedule a consultion.

I practice in NYC and Long Island.

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Answered on 8/25/02, 11:07 pm


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