Jack Richard Lebowitz
Jack Richard Lebowitz, Family Law Attorney - Glens Falls, NY
Posted over 1 year ago.

Well, I don't disagree you that asker can make a case for abandonment, and obtain step-parent custody, but with the biological father still paying support and having acknowledged paternity, they're still going to have to go through that whole termination of parental rights process and hope the guy either doesn't show or consents. I don't think we really disagree what the asker wants is possible, it's just that the system doesn't make this termination of parental rights an easy process because it's assumed this father (or child) might change his mind and want a closer relationship some day...there are 12 more years of custody jurisdiction and both father and daughter will probably live a lot longer than that...

David Ivan Bliven
David Ivan Bliven, Family Law Attorney - White Plains, NY
Posted over 1 year ago.

But the "termination of parental rights" in the context of an adoption proceeding is a relatively limited hearing on the issue of abandonment. If the Bio F has not had substantial contact with the child for 6 months preceding the petition, then it should be a relatively easy trial to win. But obviously on both our parts, we'd need to know more facts to fully assess the situation.