Legal Question in Family Law in New York

How does my husband adopt my daughter?

I just got married in Oct. 2008, my husband wants to adopt my 4 year old daughter. I have recieved child support from her father , but he hasn't paid since last aug. He also has never seen her and has said he'd sign over his rights to her. How do i start the process of having my husband adopt her. Can i do it without an attornery? I just want to do it as fast as possible, and i don't care about the back child support. We are in Ny, and the birth father is in Ohio, so he prefers not to come here.


Asked on 4/01/08, 8:16 pm

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: How does my husband adopt my daughter?

If the Father will consent it will be easier for you.

You need to file a "step-parent" adoption petition with the court.

You can buy the forms from an on-line service and file them. If the Father decides to object...you will need an attorney.

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Answered on 4/02/08, 8:45 am

Re: How does my husband adopt my daughter?

If the child's natural father is willing to sign a consent, he can do so without coming to court in NY. I am an adoption attorney and would be happy to set up a consultation meeting with you. I strongly advise that you use an attorney for this matter because there are a lot of complex legal rules that must be complied with. Also, it will make the process move more quickly than if you attempted to go through the process without counsel. Also, you want an attorney to prevent any questions being raised about the validity and enforceability of the adoption order. Please email me at [email protected]. Thank you.

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Answered on 4/02/08, 10:11 am


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