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New York Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for New York on
Q: The bio father has agreed to sign over his rights to my current husband. What do I do next?
Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 4, 2018

You should consult with a lawyer, to make sure this is done properly and not create problems in the future.

1 Answer | Asked in Appeals / Appellate Law and Adoption for New York on
Q: U filed an appeal for custody can the child get adopted while waiting for court date.
Christine Moccia
Christine Moccia answered on Nov 27, 2017

This is a very complicated question and situation with the custody of a child involved. Please contact an attorney.

1 Answer | Asked in Adoption, Family Law and Child Custody for New York on
Q: My sons father wants to terminate his parental rights.

I am single but this is something we both want. In NY do you really need somebody to step up and adopt? If so, can it be anybody? I am single but this is best for everybody. Could my mom adopt him? Or would it have to be an unrelated male? Also, is there any way around that so nobody has to adopt?... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

He can file a motion to terminate his rights. Then after the order of termination, an adoption petition can be filed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about... Read more »

1 Answer | Asked in Adoption for New York on
Q: Am I my daughters legally parent?

I am a female married to another female. We decided to have a child together. We did insemination at home. We were married at the time of it. I am on the birth certificate and she has my last name. My wife gave birth to her. We are now seperated. Is she legally by law my child just as much as hers... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 25, 2017

You will have to file for custody rights in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Adoption and Family Law for New York on
Q: Can my husband adopt my three kids if we don't know were there father is at ? we have no contact with him since 2012 ?

my kids don't have a relationship or speak with there dad, last I knew that Texas had a warrant for his arrest for not paying child support ,

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 8, 2017

You must first file in court to terminate the dad's parental rights, and he would have to be served and be given an opportunity to be heard. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as... Read more »

1 Answer | Asked in Adoption and Family Law for New York on
Q: The City of New York is attempting to have my son adopted. This will sever our ties and thus violate my religious value

What can I do? Islam prohibts the severing of the bonds of kinship. My son is being intimidated by his foster parents. They are manipulating him into saying he doesn't want to come home. The city restored my daughters to my wife's custody but they are holding my son. How can I prove this... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 8, 2017

Why are your parental rights being challenged? I don't see a 1st Amendment violation at all here. You may have recourse under family law. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself.... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for New York on
Q: The brother-in-law who just came to the U.S. legally threatens to abandon his wife and 5 kids.

Brother-in-law just came to the U.S. legally with his family but now threatens to abandon his wife and 5 kids by moving to a different state, without us knowing his location. please, what can we do to make sure his wife and 5 kids are taken care off before the mother can work?? can we hold him... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 1, 2017

She can file for divorce, custody, alimony, and child support in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Family Law and Adoption for New York on
Q: What happens if the biological doesn't want to sign the consent just giving a hard time , what can my wife do to proceed
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 15, 2017

To adopt a child, you need to either terminate the parental rights of the relevant parents with sufficient legal/ factual basis, or have the consent of the biological parents. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... Read more »

3 Answers | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for New York on
Q: Could my friend's 14 year old daughter live with me if the father consents and the mother is deceased?

My girlfriend's step-brother was dating a woman with a daughter who is now 14. The mother passed away so the daughter now lives with her father. She wants to live with us because she feels better being here. Her home life is not the best because her father is an alcoholic who is verbally and... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on May 8, 2017

The answer is a YES; unless you receive something called a petition in the mail ( certified mail return receipt requested & someone has to personally attest to serve… I would recommend "nail anx mail (we can discuss that) --- Anyway, off the top of my overworked head ...... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Adoption for New York on
Q: I was tricked into signing adoptions papers then was sued for full custody. Anything I can do?

I did not know what an adoption was nor was I informed I needed legal representation until the custody trial. She stole all my student loan money , forged papers and essentially legally stole my child.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 2, 2017

The most important issue is whether you were actually tricked or just regret the decision to adopt. As for the forgery and other issues, you should provide more facts when speaking with an attorney privately.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are...
Read more »

1 Answer | Asked in Adoption for New York on
Q: My boyfriend wants to adopt my son how does that work?

How does it work if my boyfriend wants to adopt my son. His birth father is not involved andnot on the birth certificate and is no wheres to be located. So how would that work?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 17, 2017

The birth father needs to have his parental rights terminated by a court, and before that happens he needs to be served in person. A judge may permit service via publication if you request that. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »

1 Answer | Asked in Adoption and Family Law for New York on
Q: I have two grandchildren in foster care under kingap, I was wondering how can I adopt them
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 9, 2017

See: http://ocfs.ny.gov/adopt/adopt_faq.asp

Are the parental rights of both parents terminated, or do the parents agree with the adoption? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can...
Read more »

1 Answer | Asked in Adoption for New York on
Q: which home should I do my adoption home study? how do I explain to my social work why my gf and her kids live in myhome?

i am a 42 yr old single male in Ny & live with my 52 year old girlfriend and her 2 adult kids in my new house which is in my name ,which i bought in may 2015.I did not switch my old mailing address,driver license however I do get utility bills in my name in my new home address. in 2008 after... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 6, 2017

It's not clear whether you're asking advice on how to cheat the system, but if so that's a bad idea because you may be charged with a crime if you try to defraud the system. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

1 Answer | Asked in Adoption for New York on
Q: I already have FULL physical Custody of my grandbaby ....Can adopt ? And how long will it take?

The baby's mother is always manipulating to see the baby when ever she wants. If I adopt can she harrass me or continue manipulating ?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 3, 2017

Adoption in such circumstances may only happen if the parent's parental rights are terminated. See: https://www.nycourts.gov/courthelp/family/parentalRights.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation...
Read more »

1 Answer | Asked in Family Law and Adoption for New York on
Q: I need help I'm about to loss my child her mom remarried and want the new husband to adopted my child

Im in NY and I need someone in Tattnall County to help me

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 8, 2017

You would have to agree to terminate your parental rights if they wanted to then adopt the child, and I'm guessing you wouldn't agree to that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: I have full custody (soul) of my daughter. I was with s gut when I was in Indiana he isn't even her real father.

But he signed the bc anyway. Now we both want him off the bc. How does he voluntarily sign over his right?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 30, 2017

You should consult with an Indiana lawyer. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Adoption for New York on
Q: The national passport agency has rejected my birth certificate because it is not the original issued at my birth.

This was due to adoption. How can I obtain the original birth certificate from when I was born to my biological parents?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 27, 2017

Contact the records clerk in the city where you were born for a copy of your birth certificate. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website.... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: If a child was born before my ex-wife and I got divorced. Am I legally the father in NY state? Can I get custody?

She was living in Florida and we had sex about the time the boy was conceived. According to Florida law, he is legally my son. His maternal grandmother got guardianship in Florida and brought him back to Westchester county. I have been living in Westchester the entire time. At the time the mother... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 27, 2017

You can file for child custody rights in NY over any child that is biologically yours, regardless of whether you were married or not at the time. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Adoption for New York on
Q: My husband wants to adopt my eldest she's almost 13 the birth father won't sign off on it and I have sole custody

He has no rights can my husband still adopt if he won't sign

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 26, 2017

Your husband's parental rights would have to be terminated in court prior to any adoption action, and he could object to such termination of rights. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Adoption and Family Law for New York on
Q: My stepdaughter passed away but had a son first now they moved out of ny and we found out my grandson is being abused

Do we have rights to our grandson we live in nyc they moved to florida and just found out the father never signed an acknowledgment of paternity at my grandsons birth

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 26, 2017

You should contact a FL child custody lawyer about this. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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