Q: My ex husband expressed to my new husband that he needs to think about himself right now and doesn't want to have to make an effort to come see my daughter nor does he want to pay child support (yes. He is a horrible person, I know). He also hasn't paid child support in 6mths, only having to pay 25 dollars a month per our divorce agreement. My current husband has been financially taking care of my daughter and also participates in all extra curricular activities, basically "acting" as her real father. At this point, he wants my daughter to be his daughter legally. My daughter will be 11 yrs old in two monthsHer biological father rarely speaks to her and only makes an effort to see her occasionally. How can we start this process?
A: David's Answer: You may file a step-parent adoption proceeding, which would serve to terminate his parental rights. If he doesn't maintain a relationship with her, he will likely be found to have "legally abandoned" her and thus his consent to the adoption will likely not be required. -- David Bliven, Westchester Adoption lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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