Legal Question in Family Law in New York
confused & irritated
I met my (now husband) 9 yrs ago when his daughter from a previous marrage was 14 months old. I am the only mother she has ever really known. Her Bio-mom took my husband to court for custody when the child was 3 yrs old and my husband has custody. The Ex got visitation rights. She came for all court mandated visitation durring the court proseedings and as soon as the court case was over with she stopped visiting. The child is now 10 yrs old and hasnt had any contact with her bio-mom for 7 yrs. She has only recently started paying child support this year and is now thretening to take my husband back to court on the grounds that we have denied her visitation, which she hasnt even sought after, stating that she will take him back to court if he does not tell the court that he doesnt want her to pay child support anymore. She wants me to addopt the child which I would gladly do if we had the money to do so. But she only wants me to do this so that she doesnt have to pay child support anymore.....of which she owes back support of $17,000+
Any Ideas on who to proceed.
1 Answer from Attorneys
Re: confused & irritated
You would gladly adopt her if you had the money to do so? Not sure why you are under the impression that this would be expensive. You have 2 consenting natural parents.
Why not investigate the cost (find a non profit to assist you)and give this child stability (assuming you are in a solid, stable marriage)and get the bio-Mom out of your lives forever!!
Either way,don't be afraid if she takes him back to court and make sure you counter claim for back child support. In fact, he should file for enforcement anyway.
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