Legal Question in Family Law in New York
I am the stepfather to my wife's children. She is divorced and has full custody of the kids. The kids have expressed that they want me to adopt them. The natural father has had very limited contact with them and in the past five years has only seen them once. He has always had our contact information and mailing address. He goes months without calling has addiction problems and the children don't want to speak with him. He has violated the child support order, he doesn't pay. Can I adopt my stepchildren? How would I do this and would the case have to be heard in the state where my wife was married and the children were born because we no longer live there. Thank you.
1 Answer from Attorneys
A petition for adoption is filed in the state where you and the child reside. Without the biological father's permission, a court will have to sever his parental rights before an adoption can take place.
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