Legal Question in Family Law in New York

Hi there,
I have read A lot of posts but have been unable to find anything similar to my situation.
I live in NY State and I am well aware that laws vary by state.
After four miserable years in and out of court in regards to my 5 year old daughter, her father has vocalized that he wishes to give up his parental rights to her.
I currently have sole custody.
He has visitation but has refused to see her, call her, or have any contact with her.
He does pay child support. He is behind but does make minimum payments.
He had documented psychological issues, including a suicide attempt a few years back.
He is now a convicted felon, unrelated to the custody.
I do agree that it would be best that he relenquishes his parental rights.
I would forgo child support.
The issue I am having is I have been told in NY State that unless another man is willing to be an adoptive parent then the judge will not entertain the request.
I have no intentions of remarrying or seeking out a "substitute" father for my daughter. I am happy single.
Anyone with any NY State advise? Please help...

Asked on 11/20/13, 11:16 am

1 Answer from Attorneys

Paula McGill Attorney at Law

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You were properly advised. The fear is that he relinquishes his rights, he stops paying child support, and you seek welfare payments or some other type of support at the taxpayers' expense.

An alternative to terminating his parental rights is to terminate his visitation based on this mental issues and felony. A judge may terminate his visitation or order supervised visitation (depending on the extent of his mental disability and type of felony). This new order would not relieve him from paying child support.

To get started, you have to file a petition to modify the child custody/visitation order. You should think about hiring an attorney to handle this case.

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Answered on 11/20/13, 3:47 pm

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