Legal Question in Family Law in New York

Temination of parental rights

I just recently moved to NC and originally lived in NY. My sons biological father moved to Las Vegas about 8 months before I left NY. And he has not tried to contact us since his move. Before he had left he had only seen my him once in about 4 1/2 years if not more. I have never taken him to court for child support and never asked him for money of any kind. I want to petition for his parental rights to be terminated so my son can be adopted by my fiance when I get married. Do I have to go back to NY to start the process or can I proceed in NC since neither of us still in live in NY?


Asked on 4/23/06, 12:58 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Temination of parental rights

If you were divorced from your child's father in NY, and there is a pre-existing Custody Judgment or Order, included in your divorce decree, you MAY, need to review with an attorney, whether "proper" jurisdiction is NY, for all matters concerning your child.

However, IF that is not the case, and if NC properly has jurisdiction, at the time of the StepFather petition for your son's adoption, it should not be necessary for you to file in NY, since NY will not longer have jurisdication over your child.

Good luck,

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Answered on 4/23/06, 5:34 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Temination of parental rights

Good luck in NC. If there is no agreement alrready in effect deciding which court will hear your case, then you can use NC once you establish residency there. After a certain number of months there, the NC court will have jurisdiction.

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Answered on 4/24/06, 1:21 pm


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