Legal Question in Family Law in New York

What are the laws on child abandonment?

My daughters father willingly gave up all visitation and custody rights when she was 3 months old in family court. She is now 5 1/2, and my husband wants to adopt her. We are in the process of the adoption but its a long, drawn out process. Her biological father still has no contact whatsoever with ehr and there is a stay away order. However, he won't consent to the adoption but states that he still wants nothing to do with her. He does pay a court ordered child support of $25.00 a week, but that is it. Since it's been 5 years without contact, can this be considered child abandonment and can I have his parental rights terminated through court? He lives 15 minutes away and has married and had other children that he does take care of. I would like my daughter to be able to go on with her life with the father she knows and loves and who loves and supports her, my husband. What can be done?


Asked on 4/04/08, 11:11 am

1 Answer from Attorneys
Maria Bucci-Orozco

Re: What are the laws on child abandonment?

Is the child support provided to you by him voluntarily, or is it from wage garnishment/income execution? You may be able to proceed with the adoption without his consent, but a few more facts are needed to determine this. I am an adoption attorney and would will willing to help you with your questions in this matter. Please email me at [email protected]

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Answered on 4/04/08, 11:23 am


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