Legal Question in Family Law in New York

Custody rights of biological father if adopted by stepfather

I am divorced and re-married with a child by the first marriage. If my new husband were to adopt my child with the consent of her natural father, would my ex-husband retain any custodial rights in the case of my death? (That is, could he fight at that time for her custody if she had been adopted by my new husband?)


Asked on 2/14/01, 4:42 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Custody rights of biological father if adopted by stepfather

Generally all rights and obligations of the biological father end at the adoption of the child by another. However, obligations that the father may still owe ( ie., child support, medical payments etc., incurred prior to the adoption) continue until paid, even after the child has been adopted.

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Answered on 4/03/01, 7:24 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Custody rights of biological father if adopted by stepfather

No. All rights of the original biological father would cease.

Mike.

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Answered on 3/30/01, 9:06 am


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