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A

antoinette1017

Guest
What is the name of your state? ny I forgot to ask this in my last posting. If I moved away to another state could my fiance adopt my son with out consent of bio dad. Also could I do a name change with out consent if I was to leave ny state?
 


B

Boxcarbill

Guest
antoinette1017 said:
What is the name of your state? ny I forgot to ask this in my last posting. If I moved away to another state could my fiance adopt my son with out consent of bio dad. Also could I do a name change with out consent if I was to leave ny state?
With regard to termination of parental rights by moving to another state. . .the fourteenth amendment 's "due process" clause guarantees that no person shall be deprived of life, liberty or property without due process. "[t]he Court was unanimously of the view that 'the interest of parents in their relationship with their children is sufficiently fundamental to come within the finite class of liberty interests protected by the Fourteenth Amendment,' Santosky, 455 U.S., at 774 (Rehnquist, J., dissenting), and that '[f]ew consequences of judicial action are so grave as the severance of natural family ties,' id., at 787. Pp. 12-15. " M. L. B. v. S. L. J., individually and as next friend of the minor children, S. L., ___ U.S. ___ (1996)

" The fundamental liberty interest of natural parents in the care, custody, and management of their child is protected by the Fourteenth Amendment, and does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State." SANTOSKY v. KRAMER, 455 U.S. 745 (1982)

So to answer your question: The father is entitled to notice of a motion to Terminate his parental rights regardless of which state it is filed in. Termination of parental rights must happens before an adoption can occur.
 

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