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Adoption Insight

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What is the name of your state (only U.S. law)? NY

Unfortunately, my friend is going through a bad spot right now. Mom just passed away this saturday from an drug overdose....I am helping him as best as I can as you all know where the money is going to right now.

Anyway, Mom and Step Dad were married. There are two children involved, the oldest who is 8 yrs old that is NOT Step dad's biologically and the youngest who is 4 that is theirs together.

The maternal grandparents and Step Dad share custody due to Mom's drug using and mental health issues as of now:

Oldest child, Grandparents had residential custody of child, shared legal and visitation with Mom, the oldest is NOT my friend's child biologically.

Youngest child, grandparents have shared custody of child with Dad, mom only getting visitation, the youngest is their child biologically.

Dad is fine, has never been declared unfit etc. Dad and Maternal grandparents get along very well. Only reason grandparents have residential custody is due to dad's working hours{he cannot meet the school bus times} and so that children can attend school in grandparents school district. Step Dad picks up both children after work and the entire weekend. Step Dad has been taking care of the children alone due to Mom's unfortunate problems. Grandparents are very supportive of Step Dad{I wish other people were like that}.

Mom had oldest child via anonymous donation and via in vitro fertilization so there is no legal father established. Mom met my friend a few months after the oldest child was born and they eventually got married.

In this situation, since Mom is no longer around, there was no established legal father and technically step dad{my friend} has been raising the child since he was 9 months old, does Dad really have any issues to block an adoption? Has anyone come across a situation like this where neither biological parent is around but biological grandparents are?

Right now his head is all over the place, he asked to research into this for later on when he goes to file for adoption.

Please send prayers to him and his family at this time.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY

Unfortunately, my friend is going through a bad spot right now. Mom just passed away this saturday from an drug overdose....I am helping him as best as I can as you all know where the money is going to right now.

Anyway, Mom and Step Dad were married. There are two children involved, the oldest who is 8 yrs old that is NOT Step dad's biologically and the youngest who is 4 that is theirs together.

The maternal grandparents and Step Dad share custody due to Mom's drug using and mental health issues as of now:

Oldest child, Grandparents had residential custody of child, shared legal and visitation with Mom, the oldest is NOT my friend's child biologically.

Youngest child, grandparents have shared custody of child with Dad, mom only getting visitation, the youngest is their child biologically.

Dad is fine, has never been declared unfit etc. Dad and Maternal grandparents get along very well. Only reason grandparents have residential custody is due to dad's working hours{he cannot meet the school bus times} and so that children can attend school in grandparents school district. Step Dad picks up both children after work and the entire weekend. Step Dad has been taking care of the children alone due to Mom's unfortunate problems. Grandparents are very supportive of Step Dad{I wish other people were like that}.

Mom had oldest child via anonymous donation and via in vitro fertilization so there is no legal father established. Mom met my friend a few months after the oldest child was born and they eventually got married.

In this situation, since Mom is no longer around, there was no established legal father and technically step dad{my friend} has been raising the child since he was 9 months old, does Dad really have any issues to block an adoption? Has anyone come across a situation like this where neither biological parent is around but biological grandparents are?

Right now his head is all over the place, he asked to research into this for later on when he goes to file for adoption.

Please send prayers to him and his family at this time.
I know of a stepdad who adopted his stepchild in a similar situation, (mom deceased) however the grandparents did not share custody. He had sole legal custody of the child before he adopted the child. (very long story)

It was a very easy adoption for him. In this case however, I think that he would likely need the grandparents full blessing and cooperation in order to adopt the child, since the grandparents have custody. If they don't cooperate, I don't think it would have any chance of happening.
 

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