Legal Question in Family Law in New York

Parental Rights

I had a son when I was 26, his biological father signed off his rights, I met a man and we were married, he adopted my son, five years later we ended in divorce, he was an active father for the two years after then decided he no longer wants to be my son's dad, no longer wants to pay child support and hasn't since last Jan. nor has he made any attempt to see or speak to my son. He also advised my son of this and that he was not my son's real father, whcih my son did not know. what can I do? Can I have his rights taken away? What about child support? I live in NY state.


Asked on 12/11/08, 10:53 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Parental Rights

You are certainly entitled to child support and you should make application to the Family Court in Ulster County for Child Support.

As for his right of visitation, the Court looks to the best interest of the child. If the adopted father is mentally abusing the child by "disowning" him, you may have grounds to terminate the relationship. However, remember there is a presumption in the law that it is in the best interests of a child should be raised by a father and mother. The Court will try to preserve the relationship.

Mike.

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Answered on 12/11/08, 1:28 pm


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