Legal Question in Family Law in New York

MILITARY DAD WOULD LOVE TO ADOPT!

I am in the Military stationed in Europe with my wife and children. I would like to start a step-parent adoption and adopt my step-children who all wish to be adopted by me. My wife has full, sole residental and legal custody of the children as outlined in her divorce papers.

I am a Texas resident. The children were born in New York, marriage and divorce proceeding took place in New York. My wife was born in New York but is no longer a NY resident. Prior to being stationed in Europe were living in the another state where my wife due to her job became a resident of that state.

Note: Bilogical father is from New York and currently lives there. He is an alcholic (he has been in and out of rehabs for about 15 years) and an absent father who has been in and out of the children lives for years. Last time he visited with the children was in the summer of 2006. Most recent visit took place in January 2009, where he came to visit for one day (we were living in the states at this time). Since January of 2009 he has not made any attempts to visit the children. We moved to Europe in June 2009.

His phone calls are just like his visits and the majority of the time the children do not want to speak with him. Last time he called the children was in December of 2009 and has not called since. He does not call me or my wife to see how they are doing, etc. He is court ordered to pay child support and provide medical coverage for the children, he is not doing either.

He has always had our mailing and physical living address along with contact telephone numbers.

I love those children as if I were there the moment they were born. I support them financially and medically but most importantly I give them my love and emotional support. I encourage them, I take care of them and would truly love to adopt them.

Problem is Texas says it is not there jurisdication. New York lawyers have told me it is Texas jusrisdication. The state where we were last stationed ( my wife became a resident) has said since we are no longer living there with the children it is not there case either.

Would someone please tell me where I can file my case? I'd like to know my rights before contacting the biological father. I've heard it's easier if he agrees to sign over his parental rights.

Please help me and thank you in advance for your time and attention.

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