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Have our first step parent adoption hearing next month. What do we expect? it was not contested, We did without a lawyer.

Elmira, NY |

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?

Attorney Answers 4

  1. Best answer

    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.

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  2. 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.

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  3. 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.

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  4. 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.

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