Legal Question in Family Law in New York

My (extremely troubled) Canadian wife of five years left me two years ago and moved back to Canada where she is now living with a new boyfriend. We had one child together. She has a daughter from a previous marriage who lives with me who I would like to adopt. My wife never calls the kids and really is happy that I am raising them, but over the past holiday we visited and she told her daughter that it was my fault that she couldn't come back to the US. Technically, I think her daughter is an illegal alien. If I adopt her, would that make her legal? Can I adopt her without her mother's permisson. she misses her mother but definitely prefers living with me.


Asked on 1/02/11, 11:12 am

2 Answers from Attorneys

Joel Salinger Law Office of Joel R. Salinger

No, you can not adopt her without both the natural parent's permission. You would not only need the mother's but also the father's permission. As for her status, Canadians have a special status in the United States but since I am not an immigration attorney, I would highly recommend seeking counsel in that concentration of the law. You should consider getting a divorce since you are still legally liable for her debts and other issues.

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Answered on 1/07/11, 1:30 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Our office handles many cases such as these, there are processes by which to begin a. Adoption proceeding but it will likely not be quick... If you don't have the parents permission it may be very difficult to accomplish this goal.

If yiu would like to hire an attorney to assist you with this process contact us at 212-405-2234

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Answered on 1/08/11, 3:09 pm


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