Legal Question in Family Law in New York

How to proceed with a Step Parent adoption

I was never legally married in the U.S. I was married over in europe. We are both American Citizens who reside here. The divorce/annulment has been finalized in Europe. There was one child produced through this marriage in 1995. I left the marriage that same year. In 1996 we went to family court and I was awarded custody w/ limited visitations from the father as agreed upon by both parties. We never came to any agreements, we haven't heard or spoken to him since, I no longer have contact w/ the lawyer that originally handled the case. My daughter is 6 years old now and I plan to remarry. I want to legally change her name to my new husband and have him adopt her. He has been her caretaker for the past 3 years. Again we have not had contact with the biological father, nor do we want any since 1996. What is the best way to proceed with this without having to involve the natural father sine he hasn't been there anyway. Is there a financially easy way of starting this process? Any information would be greatly appreciated. Even just to change her name and give her my last name would be great. Thank You


Asked on 4/06/01, 1:19 pm

2 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: How to proceed with a Step Parent adoption

The procedure that is followed in a case like this is called a Step-parent adoption. This will culminate with an Order of Adoption and a NEW birth certificate.

As part of this process, you may wish to do a termination of parental rights for the biological father who has no contact with his child.

For more information, please visit my web site:

www.BravermanLawFirm.com

Read more
Answered on 6/06/01, 9:40 am
Garry Hanlon

Re: How to proceed with a Step Parent adoption

Until a child is 18, there is no way of

avoiding the involvement of the father.

Even if you wish to eliminate his consent

to the adoption by reason of abandonment,

he must be given notice and an opportunity

to be heard.

However most absentee fathers are happy to

sign off when they are reminded that this

also terminates their child support obligations

and can also be used to eliminate arrears

Thus, a letter request with proposed

Consents may be the best way to start

Read more
Answered on 6/06/01, 10:34 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York