Q: In the last 10 years he has 4 Felonies that I know of. His most recent was yesterday for Criminal Contempt, class E Felony and Harassment to his soon to be ex-wife. They have 3 children together. The other 3 are for DWI's. My daughter has noted that he was drinking and driving in the car with her. My daughter is 14 and wants nothing to do with him, she will be 15 in June 2015. 2 years ago we went to court for his drinking and the judge ordered he is only allowed to see her during therapy. I brought her about 5 times total, and her father then cancelled all further visits. The last time he has seen or spoke to her is July 2014. He hasn't paid any child support since September 2014. Please help. My fiancé will adopt her, and that is what she wants, but we aren't married yet.
A: David's Answer: You can commence an adoption proceeding, and then have the biological father execute a surrender of his parental rights. If the father isn't exercising any visitation, then even if he didn't cooperate you'd still likely be able to prove he legally abandoned the child. Call an Orange/Westchester family Law attorney to schedule a consult. -- David Bliven, Westchester Family Law attorney (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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