Legal Question in Family Law in New York
Child Abandonment and Adoption
My husband gained full custody of my step-son in December 02'. The Mother was granted visitation for 2 out of 3 weekends a month. The Mother never showed for her visitations after the court decision to change custody of the child to my husband. In April 2003, the court revoked the Mother's visitation privileges and stated that the Mother's visitation was revoked until she made application to the court. Is there any way to ensure that the Mother cannot file for visitation again in the future? The Mother lost custody due to child abuse, endangerment and the like. I filed an abandoment petition with my county courthouse, but they said this is not an option, that only Social Services can file for abandoment? They suggested I (step-mother)adopt my step-son. I am confused by the court's denial to allow us to file for abandonment. How can we stop any further visitation by my step-son's Mother before going through adoption proceedings?
2 Answers from Attorneys
Re: Child Abandonment and Adoption
I need to know more details before I can give you propaer advice. It may or may not be the right time to pursue adoption, depending on the circumstances. Feel free to call me at 212-367-9167 to discuss your case in further detail.
Re: Child Abandonment and Adoption
This is a difficult situation and your letter tells me that you are working hard to protect the child. Your new husband is very lucky to have found you.
My opinion is that you are being given good advice. Adoption is an excellant option and will help you terminate the offending birth-mother's rights.
The court's current order is helpful, but the offending mother still has a right to petition the court to change that order. The law says this cannot be avoided.
Adoption is your best tool. You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786. I would be happy to help you.
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