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New York Adoption Questions & Answers
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 feelings and... 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 and... 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 them aware that... 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 »

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.

Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of...
Read more »

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 myself.... 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 is a... 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. You... 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 ...

Potential issues...
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 mate... 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 Consultation... Read more »

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