Step-Parent Adoption - Which State Laws do I follow?

[poeNY]

What is the name of your state? NY

My husband and I currently reside in NY. We have been here for almost 3 years. We are researching the step-parent adotption process for my two sons. They are almost 9 and 10. We have not had any direct contact with the bio-father since March 2002. We have a CS case that originated in OH and is now considered an interstate case between OH and NY although OH handles all reviews etc. He hasn't paid regular support for over a year.

What state to I begin the proceedings in to terminate his rights and allow my husband to adopt the boys? I have contacted a lawyer for a consult, but my appointment isn't until Nov 8th.

Thanks

 

[BelizeBreeze]

I suggest you wait for your consult. You will discover that you MAY NOT be able to initiate proceedings to terminate his rights.

 

[poeNY]

Even if I'm not able to terminate his rights, my husband and I could still attempt the adoption with the bio-father's permission, right? What happens if he doesn't respond to an adoption petition?

I'm just trying to do some background work on this before the consult. I'm not sure what state laws I should be looking at. I found that in OH a person can petition to terminate rights if (1) no contact for over a year or (2) resonable support no paid for over a year. I obtained this information from an OH bar association website. I have not had any luck finding out much information regarding NY laws.

I know my husband and I are considered NY residents, but the support order is still out of OH.

Sorry, I'm just one of those.. need answers NOW people. It is driving me crazy that I haven't found any information on my own regarding this matter.

If anyone has insight it would be much appreciated!

Thanks

 

[brisgirl825]

http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-new-york/article/8618/1.html

If you have dad's permission your husband will be able to adopt.

Since he does pay support, although inconsistent, it's highly likely that will be considered enough to not have grounds for TPR in contested proceedings.

GL.

 

[haiku]

the adoption will happen the state you live in. the best thing you have done is made the lawyer consult. It will be the best money you ever spent.

 

[Seanscott]

Continue to do research on your own. That way you will understand exactly what your attorney is talking about. And if you are charged by the hour, you could save a little money.