Legal Question in Family Law in New York
My sons father and i were never married and we spit up 2 and a half years ago. I have sole legal and physical custody. my ex stopped supporting him so i took him to court for child support which he threw a fit about. He hasn't seen my son in a year (all documented) and only 3 payments have been made to the support collection unit since it commenced 8 months ago. He calls my son and it hurts my son because he lies that he will see him soon but he never come and makes excuses. So my son cried an gets upset ad in left to pick up the pieces. My fianc�e and I are the sole caregivers of my son. Is there anyway I can remove my Exs parental rights and my fianc�e adopt him to help save my son from the anguish his father fills him with? My ex just sees my son as another bill. He had another child now (his 5th. 3 prior to my son he does not pay support for either) and it seems my son doesn't matter to him anymore. What can I do?
1 Answer from Attorneys
Maybe you can do so when you are married.
Your fiance would have to petition the court to allow for him (the fiance) to become the child's adopted father. This is not necessarily easy if your ex-boyfriend is looking to fight the matter. You would need to demonstrate his neglect of your son while having your new husband demonstrate that they are fit to be the boy's new parent.
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