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New York Adoption Questions & Answers
1 Answer | Asked in Adoption and Animal / Dog Law for New York on
Q: I have my puppy for 7 months & I sell him for $100 now regret it & want him back but the owner won’t give him back.
Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 14, 2021

When you legally sell something, you give up your rights to it in exchange for some form of consideration. In this case, money. Regret is not a valid reason to void the transaction.

1 Answer | Asked in Adoption and Family Law for New York on
Q: Hi, I’m 28, and am going to get adopted. Would I have to make any changes on my child’s birth certificate?

She was born in Puerto Rico

Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

If you're birth name is going to be changed on your birth certificate then it should be changed on hers.

1 Answer | Asked in Family Law, Adoption, Child Custody and Civil Litigation for New York on
Q: me and my grandmother had a big fight and shes practically kicking me out. what are my options In leaving? I'm only 16.

she wont pay for anything I need anymore including famine products hygiene products or clothes or anything I need. I tried moving in my mother but my grandma said that its court ordered that I cant live with her until I'm 18. can a court do that? how can it be possible that I can live with her... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 18, 2021

First you need to speak to your mother and find out what orders if any there are. Once you know what the order says if anything, you can speak to a lawyer to get information on what to do. The alternative, is to go to family court and file a petition for support from your grandmother as she is... Read more »

1 Answer | Asked in Adoption and Family Law for New York on
Q: Can a convicted felon in new york state adopt his girlfriends children

Our daughters live in friend would like to adopt her 7 children to protect them from the paternal families in the event of her demise. None of the bio fathers have been involved for over 9 years and 17 in some cases. What is required for adoption

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 17, 2020

If the fathers are alive you would need to get their permission.

2 Answers | Asked in Divorce, Family Law, Adoption and Child Support for New York on
Q: Does remarriage and adoption end court ordered child support in New York?

My mother and father divorced in 1984. My father was ordered to pay child support. My mother remarried in 1989 but my stepfather did not adopt me. Had he adopted me, would that have nullified the child support mandate?

Howard E. Knispel
Howard E. Knispel answered on Nov 16, 2020

Adoption terminates the parental relationship of the biological parent that is replaced by the adoption. As such, child support is no longer an obligation. However, arrears of child support still remain.

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1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for New York on
Q: Hello! I was wondering how I could terminate my biological parents rights? He is abusive and I'm looking for a way out.

I have 2 siblings whom dont get the same treatment that I do and both of my parents are in law enforcement, I'm not gonna specify what they do to me because I dont wanna type it but lets just say it takes up my entire day and leaves me with no time for school work. My mom is abused as well but... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 25, 2020

Unfortunately, the only way to terminate parental rights is for the Department of Social Services to file neglect petitions against your parents. Once you are 18 and self supporting, you no longer have to have contact with your parents if you don't want. At this time you have to either stick... Read more »

2 Answers | Asked in Adoption and Family Law for New York on
Q: So my sons biological father hasn’t seen him in a year can I file for abandonment? Or can my fiancé just adopt my son?
Howard E. Knispel
Howard E. Knispel answered on Aug 6, 2020

Neither. Without the biological father's permission it is nearly impossible to do an adoption. You need to get the biological father to agree and sign a waiver to get your fiancee to adopt.

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1 Answer | Asked in Adoption and Family Law for New York on
Q: I’m in buffalo New York, how would I obtain guardianship of my nephew.

There is nothing wrong with the home he is in. The school is better at my home

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

you would have to file a petition for guardianship and the parents would have to agree.

1 Answer | Asked in Adoption and Animal / Dog Law for New York on
Q: I adopted a dog at this shelter in NYC. they told me she was spayed. she started bleeding few months later spend around

1000 dollars on ultrasound etc the vet just told me she was not spay and the dog is on her first period. Can I sue the shelter because they lied to me? can they pay for the procedures I just paid?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 10, 2020

Yes. You have a case against them for the cost of the procedure.

1 Answer | Asked in Adoption and Family Law for New York on
Q: If step father take fall custom of a kid and the kid last change over to his name is the real father still have to pay
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 9, 2020

You should sit down with an attorney to discuss all of the facts but based upon the simple statement made it may be possible for the biological father to be relived of paying support.

2 Answers | Asked in Adoption and Family Law for New York on
Q: Can my husband and I take in a 15 year old runaway if she is being neglected and emotionally abused at home?

The child is not a relative of ours and there is no previous relationship, but we learned of her situation and want to offer a safe place to stay since we’ve developed a bond and see that she needs some love and protection. We are in New York State.

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 25, 2019

You need a guardianship or Article 6 court order

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1 Answer | Asked in Family Law and Adoption for New York on
Q: Me and my wife would like my step daughter to have my last name,she wants to change it also.

She has met her biological father once and he is usually mia and wants nothing to do with her. Hes currently incarnated(hes looking at 15yrs) and has never paid any child support.my daughter is 14 yrs old and has had me in her life since 10 months old. Do we need his signature?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 5, 2019

Based upon everything you have said, I would suggest adoption if the father will cooperate.

2 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: Can I file a petition to have legal parental right to my boyfriends baby ?

I’m a 25 year old man. My boyfriend of 6 years, got someone else pregnant. This was 2 years ago. Since then we’ve all had numerous discussions to reconcile and think of next steps. I’ve been in this baby’s life since before day one. And we all productively raise this baby together. There... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 25, 2019

In NY you can

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2 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: The bio-mom is dead and bio-dad didn't know about the kid until recently. How can the dad get custody of the kid?

The bio-mom has passed away, and she never told the bio-dad about the child. The bio-dad knows the kid through another source, but he doesn’t have any guardian or parental rights over them.

What would happen to the kid after the mom’s dead? How would the father establish his paternity... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 10, 2019

He needs to file a Petition

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2 Answers | Asked in Family Law, Adoption and Child Custody for New York on
Q: If I have a court appointed lawyer how can I get a new one? I've had the same one over five years

I feel as though she isn't really helping me

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 29, 2019

You can request that the court appoint a new attorney for you but you need to have a good reason. That you feel that your current lawyer isn't really helping you probably won't be good enough for the judge. You might be better off sitting down with your lawyer and discussing your... Read more »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for New York on
Q: Good evening, My sister G lives in NYC and is being evicted from a coop bldg. She lived for over 20yrs with an old lady

and her son J (not married). G had a child with J. The child S was legally adopted by G‘s brother as S was born with heroine in his system and removed from the parents. J died in 2012. the old lady died in 2018. There is no will and the coop is in the name of the old lady. There exists another... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 13, 2019

S is the legal heir to the coop, but someone has to pay and S would need to be approved by the Board as an owner. Thus, there are issues to deal with but it is possible.

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1 Answer | Asked in Adoption, Child Custody and Child Support for New York on
Q: What rights does a noncustodial father who has paternity of child & wants to file for child support on himself joint cus

What rights does a noncustodial father who has paternity of his child & wants to file for child support on himself to apply for joint custody, can he apply for joint custody without applying to give child support, how soon should he do this and how will it affect his income. He loves his child... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 24, 2019

Child support is ordered at the discretion of the court in compliance with the law and after reviewing the facts on both sides. A parent can file for child custody, visitation, and child support via pleadings submitted to the court and served on the other party. The NY courts website and local law... Read more »

2 Answers | Asked in Adoption and Real Estate Law for New York on
Q: Is my birth certificate valid proof of adoption for a property dispute? Sealed documents in my state.

I have two siblings that share the same father (different mother's). I was adopted by my brother's father. Our sister is selling a house, but can't until my brother signs off, effectively splitting it two ways. A family member spoke to the attorney handling the property, and made... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 13, 2018

Your birth certificate proves that you are not a sibling. You need proof of adoption to be considered a sibling. These records are not sealed to you.

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1 Answer | Asked in Adoption and Family Law for New York on
Q: I have had legal custody of my nephew for 8 years. My sister is trying to get him back. What can I do?

In the past 8 years my sister has maybe seen my nephew 9 times. She has been drug dependent for years, in and out of jail and is currently incarcerated however will be released in October. She will not relentquish her rights. However I dont believe it is in his best interest to be with her when he... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Aug 16, 2018

Well, she will have to file something called a petition to modify a permanent order of custody. Just to get into court she will have to show a “substantial change in circumstances”; you and your lawyer will have an opportunity to re-but this. If she does manage to get the case in the court is... Read more »

1 Answer | Asked in Adoption and Child Custody for New York on
Q: my mom has had custody of nephews for over a year. can my sister get them back

my mother has had custody for over a year. the oldest boy was in foster care and we got him out and the youngest my mom got custody as soon as he was born. my sister has not seen the oldest since he was nine months and he's now 2 and the youngest she has never seen. there is a no contact order... Read more »

Nina Mironenko
Nina Mironenko answered on Aug 15, 2018

The courts want to reunite children with parents, but the facts of your case may allow you to keep the children. These cases are very fact specific and it depends on what efforts the mom would make to rehabilitate herself as the mother of the children. The test the courts use is "the best... Read more »

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