Legal Question in Family Law in New York

stepparent adoption

My husband and I have been married for more than a year,and have been together since early 1998.I have a son from a previous relationship.We were never married.My sons father wa very verbaly and emotionally abusive to both my son and I.My son refuses to even speak to his father,and hasn't seen him for over 4 years.He went to Calif. to live and there has been minimal contact at best.He just called after more than a year of no contact to say he is moving back and wants to see my son again.I have an order suspending visitation until he has a psych eval and could get supervised visits.How likely is this,and can my husband adopt my son w/o his consent?What do I need to do to start the adoption process and do I need a lawyer to do it?


Asked on 11/04/04, 7:36 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: stepparent adoption

My congratulations on your marriage and the ability to move on with your life and to create healthy relationships and a nurturing home for your child. This is not a small thing.

There are 2 questions here. First, the issue of supervised visits: The history of violent behavior and the reluctance of your child to interact with him will weigh heavily in the court's decision. The age of the child is aslo relevant. From the brief facts you have mentioned, your chances are very good.

The second issue is adoption by your new husband. If this is established, then the natural parent may lose all interst in the child, including visitation. However, this is not a simple matter if the father contests. Your chances are still good, but it is best to get the father's consent to the adoption. (The duty to pay child support can be an effective lever in gaining that consent. This is the unpleasant side of Family Law, and this is something that an attorney can be very helpful to you in resolving.)

I am available to assist you in this matter and offer a consultation at no cost. Please contact me through email or 914-576-0912/646-591-5786.

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Answered on 11/04/04, 10:06 pm


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