Q: How can I proceed with adopting my nephew, and what forms are needed for the process in New York?
I have had sole custody of my nephew for nearly 10 years after my sister lost custody due to neglect. I would like to adopt him and change his last name to mine and my husband's. My sister, the biological mother, is uninvolved and lives in a different county, and there is no biological father involved. I received an adoption packet from family court, but I'm unsure which parts to fill out. How do I proceed with the adoption, and what forms are necessary to complete the process?
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A:
To begin the adoption process for your nephew in New York, you will need to complete the adoption packet provided by the family court. Since you have had sole custody of your nephew for nearly 10 years, you likely meet the residency and care requirements for adoption. The forms you will need to fill out include the "Petition for Adoption" and "Consent to Adoption" (from the biological mother, if possible). Since the biological father is uninvolved, you may need to file additional forms to terminate his parental rights if his identity is known, or to demonstrate that he has no legal standing.
You will also need to provide evidence of your relationship with your nephew, such as your custody documents, and proof that you are legally able to adopt him. The court may require a home study or other documentation to ensure that adoption is in your nephew’s best interest.
If you are unsure about which specific forms to complete, it’s a good idea to consult with a family law attorney or contact the family court for guidance. They can help you ensure that all required forms are filled out correctly and that you understand the next steps in the adoption process.
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