Q: How can I terminate parental rights in NYC?
I have a visitation trial coming up but my partner wants to adopt my daughter. My daughter's dad has not paid child support since 2019 and I have a 5 year order of protection. His psychological evaluation said it would not be good for him to be with a child base on his personality disorder and substance abuse, he also has not comply with the judger orders and has a criminal trial for breaking the order of protection. I want to know if I can petition to terminate his parental rights for my partner to adopt her.
A: Only a petition brought by a child protective agency can terminate a parents rights. However, you can negotiate with the father to allow the adoption by agreeing to forego the arrears owed to you and of course the fact he won't have to pay support anymore.
A: You can bring an adoption proceeding - this would result in effectively terminating his parental rights. Bear in mind, however, that nonpayment of support and/or having an order of protection would not be grounds (in themselves) to have the adoption approved - the Judge would need to find he legally abandoned the child. Schedule a consult with a Bronx Family Law attorney for a full assessment.
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