Wednesday, April 23, 2014

My husband wants to adopt my oldest son as his biological father has not seen him since was an infant(my son is 16 years old).

Q:  My ex-boyfriend abandoned my child when he was an infant. He never has tried to visit him, although he lives 3 hours away in Boston. He pays child support now, but still owes $25,000 in arrears. I have been married for 11 years now and my husband wants to adopt my son and so does my son. I asked my son if he wants to have a relationship with his biological 'father', but he has no interest, not even on FB. I was just awarded full custody by family court. My question is: Do I still need consent from the biological 'father' for my husband to adopt in N.Y.S.? Can a local family attorney help me win this case, so I can be done with any connection to this man?

A:  David's Answer:  If the father has not had significant contact for at least 6 months, then the Court may dispense with the need for his consent. On the facts you've presented, this seems highly likely. Call a Family Law attorney in your area - with the proviso that not all Family Law attorneys do adoptions, so be sure the attorney you hire has done at least several in the past.  -- David Bliven, Westchester Family Law attorney (

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