Lawyers, Answer Questions  & Get Points Log In
New York Adoption Questions & Answers
1 Answer | Asked in Family Law and Adoption for New York on
Q: Can I get free legal help because I am disabled in filling out and filing private placement adoption packet?

I would like to know if and where I could get low-cost or free legal help in this area? I am not elderly but permanently disabled and receive social security. I have received free legal aid in the past for taxes.

I have two children I have been caring for since May 2022. I'd like to... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2022

This is something a family law attorney would know about, but you await a response for four weeks. There's no guarantee all questions are ultimately picked up, but there's an "Adoption" category here (click "Show More Practice Areas"). You could try reposting and adding that category. Good luck

1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: Is the absence of a non custodial parent, reason enough to change the child’s last name to that of the custodial parent?

Non custodial parent has not made contact in a year. They have a history of disappearing for years at a time.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 11, 2022

The short answer is no.

2 Answers | Asked in Family Law and Adoption for New York on
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... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Feb 11, 2022

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... Read more »

View More Answers

3 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: My friend had a baby with me, gave me said child, i even have full custody, can she do that?

I cant have kids. My friend became pregnant and was going to get an abortion due to just having a baby, so I asked would she keep it for me due to my fertility problems, she stated yes a few weeks later (we lived together so it was perfect), she had him on Feb 19, 2019 spend almost a month in the... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2022

This might work in the short term but not the long term, the best way to handle the situation is through an adoption, an alternative, though not the best is a custody order from a court. In either case, the father would have to be notified of what is going on. I suggest you sit down with an... Read more »

View More 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
PREMIUM
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
PREMIUM
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.

View More Answers

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
PREMIUM
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.

View More Answers

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
PREMIUM
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

View More Answers

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

View More 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

View More Answers

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 »

View More Answers

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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.