Legal Question in Family Law in New York

Child Custody, Adoption
ok, I have two sons, by the same father (my ex-husband). One 14, one 11. The 14 year old sees his father every other weekend regularly. The 11 yr old has not seen, talked to his father in 3 yrs. He had some health issues in regards to going to his fathers and had decided not to go anymore. His father has had no problem with this. My current husband has been with me 10yrs. He would like to adopt my youngest son. My ex will not give up his rights although he does not communicate nor see this child. Would I have a legal leg to stand on in regards to having the court take away his rights so an adoption can go through. My 11yr old doesn't seem to care eather way if he is adopted or not. Or if I pursue it can they make my son start going to his fathers against his will. Thank You

Asked on 6/21/01, 1:19 pm

Garry Hanlon

0 users found helpful

0 attorneys agreed

Re: Child Custody, Adoption

Let sleeping dogs lie.

All adoptions up to age 18 require the

parents consent

You have not described a situation where

the court will dispense with his consent

And, yes, the Court could direct that

the visitation actually happen in spite

of what the 11 year old thinks, because

he is not old enough to make that decision

Answered on 7/03/01, 9:32 pm

Keywords

Match Any Match All

Country

State

Area of Law