Legal Question in Family Law in New York

My husband and I have been married for 12 years. Two years ago, another woman gave birth to my husbands child. She gave birth to him and signed her rights over to a lesbian couple she knew, however, stipulated that in the event that they could not adopt him, her rights would be reinstated (according to our lawyer during the custody hearings). After going through court, his paternity was established and when the baby was 3 months old he was granted custody. The lesbian couple were out of it at that point (he lived with them the first three months of his life). His biological mother has not seen him or contacted us at all, he is now 2 and a half years old. I want to adopt him/terminate her rights. Would we win in court? She would either not respond to the papers filed or she would show up to contest just to make life difficult. What do you think the chances of termination of parental rights for me to adopt him would be after 2.5 years of lack of contact, support, etc..? We live in New York State.


Asked on 1/13/13, 8:34 pm

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

This is not a simple matter obviously. If she makes any efforts at exercising her parental rights then they would not terminate them. However, you should consult with an attorney further to discuss your next steps in court.

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Answered on 1/14/13, 8:31 am


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