Legal Question in Family Law in New York

I'm a single mother in the state of NY. My son's biological father is not on his birth certificate and has not had any contact emotionally, physically or financially at ALL since my son was about 1 yrs old and he's now 12 yrs old. I do not receive child support and there has never been any legal documentation that he even is the father. I'm planning on getting married this year and my fiance wants to legally adopt my son as his own. Will his biological father be required to sign off rights even though he doesn't currently have any? Or can we proceed with my fiance adopting him as his stepson without needing to go through that?

Asked on 6/17/13, 6:00 pm

1 Answer from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

If in fact this man is the child's biological father he will have to sign documents to allow the adoption to go through. If he refuses, you can file a petition in the family court against him for child support. This may motivate him to sign the papers.

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Answered on 6/18/13, 10:59 am

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