Legal Question in Family Law in New York
Stepfather adopting son abandoned by biofather, NOW biofather back!!!!
My son is 3, has been raised by my husband since 11 mos,we are in court to claim sole custody/no vistitation from biofather as our lawyer advised. Biofather has contested wants to see my son now.(after no support ever and no contact in 2&1/2 yrs. We wanted to adopt all along, but followed lawyers advice.Now the law guardian appointed said unless we adopt now, court will unite son and biofather. Biofather, has huge violent criminal record,alcoholism, failed court ordered drug eval., history of battering me.and is on SSI for mental problems. Is it too late to tell court we have wanted to adopt all along? Will they still give bio consent choice even though unfit? My lawyer has not even contacted the law guardian and tells me to sit tight until next court appearance. I am afraid for my son's future Please help!
1 Answer from Attorneys
Contested custody / adoption
One doesn't want to second quess the several lawyers already involved in this case. Advising the court, now, that you've "had it in mind / intended" to initiate proceedings for your husband to adopt would be quite pointless. If one understands the description of the father correctly, it appears that the court is also in possession of that negative information and, thus, it seems reasonable to expect that you will prevail in your *pending* action to bar visitation, etc., which should prove to be an important (likely even necessary) building block for the adoption action. No doubt the Law Guardian knows full well the significance of his/her role _vis_a_vis_ helping to persuade the judge to *not* grant visitation/custodial status. Finally, the mere fact that the father is contesting this action will not, in and of itself, serve to "un-do" all the ticks of the clock up to now. If the totality of the circumstances were such that the father was going to have to be "on notice" of an adoption proceeding, the point where you're at is as good a place to start the contest as any - and, obviously, it was going to BE contested.
Regards,etc.,jm hayes
-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-