Legal Question in Family Law in New York

Step-father Adoption/ Termination of Parental Rights/ Special needs Child

We are looking for legal advice regarding our special needs son. We would like to terminate the rights of his biological father so that his stepfather can adopt. For the last 5 years, stepfather has taken full care and responsibility of my disabled son, while biological father sees child app. 2-3 times per year, and calls 2-3 times per year. Pays a very small amount of child support, about 50% of the time, which does not begin to cover medical, therapy and living needs. We feel that my child needs to be legally adopted by my husband, in case anything should happen to me, so that an adult who is competent in meeting his many special needs is responsible for him. I have a much more detailed description of case prepared to send via email to potential legal representatives. Our main question is, do we have a case for my husband to adopt his stepson, since he is the only other adult qualified to care for him?


Asked on 12/10/08, 11:00 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Step-father Adoption/ Termination of Parental Rights/ Special needs Child

Unless the child's biological father voluntarily surrenders his rights it will be difficult, possible if it can be proven that the adoption would be in the best interests of the child and that the biological father has abandoned the child, but difficult.

You can call me if you'd like to discuss.

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Answered on 12/10/08, 11:08 am


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