We are in NY state bio dad signed consent allowing. He was sent a letter that there is a hearing as did we but he will not be going. We are to bring the child, my husband and myself Is there a couple hearing or is this the finalization? It just says a hearing on the petition? Also does my future child support stop after it's finale?
I assume the questioner is the biological mother and her husband is the prospective adopting stepdad. If the bio father has consented in writing and doesn't show up at the hearing. it's likely that the adoption will be allowed if there are no issues as to the stepfather's fitness (prior charges of abuse. neglect, criminal convictions, etc) and the Attorney for the Child agrees if one has been appointed.
And yes. if the adoption is allowed, it will terminate the biological father's support obligations as of the date of the adoption/custody order.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
Divorce / Separation Lawyer
It is not really going to be a full heaing but you will see the judge and as long as all the paperwork is in order the case should be finalized the next court date.
I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
Divorce / Separation Lawyer
You owe it to yourself to schedule a consultation with an experienced adoption attorney as doing an adoption proceeding yourself is risky. It is hard to say why they may need a hearing, as its possible the consent wasn't done correctly - all the more reason to have your paperwork reviewed by an attorney. Once the adoption order is signed, you will generally need to file a petition to terminate the child support order.
* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.
Family Law Attorney
Did the father sign the proper consent? The father should be at the hearing so that he can be questioned by the judge and so he can relinquish his rights in a manner that is completely acceptable to the judge. You don't want to be in a position where the paperwork was not done correctly and then you have problems with the adoption. Hire an attorney to help you. In order for support to stop, a petition to terminate support based on the adoption will have to be filed. Support will not terminate until that happens.