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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?

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Attorney answers 4

Posted

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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Asker

Posted

Ok thank you I'm excited just nervous step dad has a good job and no criminal record.

Asker

Posted

They didn't assign a lawyer for the child.

Jack Richard Lebowitz

Jack Richard Lebowitz

Posted

They may do that, on the other hand, if the issue is uncontested, there may be only one hearing and an order entered....it's up to the Court.

Posted

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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Asker

Posted

When you say the next court day do you mean the one next month if all the paper work is in or there may be anothert one after the first one?

Lawrence Allen Weinreich

Lawrence Allen Weinreich

Posted

It should be the very next one.

Asker

Posted

Ok so even know the notice says hearing on the petition it may be the finalization hearing. Just was not sure if the finalization hearing actually says finale hearing or if it just says hearing on the petition was all.

Lawrence Allen Weinreich

Lawrence Allen Weinreich

Posted

If there are consents and all the clearances have come through - no formal hearing is necessary.

Posted

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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Asker

Posted

Ok well its sounding from you that a hearing on the petition may not be such a common thing?

David Ivan Bliven

David Ivan Bliven

Posted

A hearing (other than finalization) is relatively uncommon when the opposing side is not contesting & a proper consent has been filed. When again, to be sure, I reiterate my suggestion to set-up a consultation with an Adoptions attorney to have your paperwork reviewed.

Asker

Posted

ok would the hearing notice say notice of hearing or finalization hearing if it was the finale hearing?

David Ivan Bliven

David Ivan Bliven

Posted

Not necessarily.

Posted

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.

Asker

Posted

He signed the paper work the clerk gave for him to and had it noterized as it was easy enough to understand. We had the home study that went well. We got a letter that says there will be a hearing on the petition and we had to send bio dad a certified copy of the notice also. I am to bring the child and husband with me. The bottom of the notice says anyone having any interest will be heard. I'm hoping it is the finalization hearing is all?

Maria C. Tebano

Maria C. Tebano

Posted

It sounds like the adoption will be finalized on that day. Best of luck to you.

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