Legal Question in Family Law in New York
Step Parent Adoption
My son is almost three and hasnt seen his dad since feb 7 2005. i have been married since march 9 2006. my son loves my husband and calls him daddy. I do recieve child support in which was forced thru the courts in May 2005. I havent gotten a call from my sons bio father since june 2005. my husband and i would like to have my husband adopt my son. there are issues of DV with his bio dad that i have record of from the last time I was with him in 05. what are the steps we should take to have my husband adopt my son? I do have a realationship with the bio fathers family, and they said that he is aware of what I want to do and is ok with it. He lives in Flordia and I live in NY. Thank you.
2 Answers from Attorneys
Re: Step Parent Adoption
You need to file the proper petitions and give notice to the Bio Dad (serve him). If he contests it, you will need to prove he abandoned the child and should have his parental rights terminated.
Unless you get his permission, I do not think the courts will find "abandonment" as not enough time has passed.
Re: Step Parent Adoption
It is a good thing that you have remarried and your new husband wants to adopt your son. That speaks well for both of you and of your son's future.
This should not be done unilaterally. It is best to communicate with the biological father. If he is uncooperative, then draft the documents and submit the petition to the court and serve the biological father in Florida. use a professional process server and submit his affidavit of service with your documents to the court as an exhibit.
If he chooses not to respond, then you have an excellent chance to have the judge order the adoption.
Good luck.
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