My Fiance wants to adopt my 14 month old son....

[Maddy_Mae]

Okay I'm been going back and forth to court for custody and visitation for about a year now. And now I'm going to the IDV part of the new york supreme court becasue I have a stay away OP against my son'd bio. father. My name and my son's name are on it becasue be was making death threats and saying he was gonna take my son, etc. He has visitaion (3 times a week) but rarely takes it. and hasnt seen my son for over 2 monthes because of the OP. I have full custody and he owes me over 2,000.00 in child support. I don't need his money and I want him out of our lives. He's scary and I think he'll hurt me again or my fiance of my son. I'm getting married in Dec. and my fiance wants to adopt my son. I want to know the best way to go about doing this. A way that I can come agross to my son's bio. father that it's better for eveyone this way. Any ideas?

 

[Zigner]

THIS FORUM IS FOR QUESTIONS ABOUT U.S. LAW ONLY
When posting a question, you must include the name of your state!


But, generally, no - you can't take away the FATHER'S rights just because you made a poor choice in bed-mates.

 

[TheGeekess]

Somewhere in her post, she mentions New York state.

 

[Zigner]

Somewhere in her post, she mentions New York state.

You are SO right. I read it 3 times before posting and missed it.
So, OP can ignore the US Law only part and concentrate on the final sentence of my prior post

 

[CourtClerk]

In order to do a TPR and a step parent adoption, dad is going to have to consent. If he doesn't consent, it ain't. gonna. happen. Even if, even if, just because he's a scary monster *channeling my son when he was 3 and everything was a scary monster*

He doesn't have to use his visitation if he doesn't want to.

 

[TheGeekess]

But before any TPR happens, won't she have to be married for a set length of time? A year or so?

 

[CLBKLCDTB]

In order to do a TPR and a step parent adoption, dad is going to have to consent. If he doesn't consent, it ain't. gonna. happen. Even if, even if, just because he's a scary monster *channeling my son when he was 3 and everything was a scary monster*

He doesn't have to use his visitation if he doesn't want to.

In addition to father's consent, I believe in NY a couple must be married for at least 1 year before they can do a step parent adoption. (correct me if I'm wrong)

 

[CLBKLCDTB]

But before any TPR happens, won't she have to be married for a set length of time? A year or so?

Sorry I missed this one....

 

[TheGeekess]

Sorry I missed this one....

You added detail.