New York Adoption Questions & Answers

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

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for New York on
Answered on Feb 13, 2019
Michael David Siegel's answer
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.

Q: What rights does a noncustodial father who has paternity of child & wants to file for child support on himself joint cus

1 Answer | Asked in Adoption, Child Custody and Child Support for New York on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
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 libraries can self help resources. 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...

Q: Is my birth certificate valid proof of adoption for a property dispute? Sealed documents in my state.

2 Answers | Asked in Adoption and Real Estate Law for New York on
Answered on Sep 13, 2018
Michael David Siegel's answer
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.

Q: I have had legal custody of my nephew for 8 years. My sister is trying to get him back. What can I do?

1 Answer | Asked in Adoption and Family Law for New York on
Answered on Aug 16, 2018
Aubrey Claudius Galloway's answer
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 unlikely she will win as the standard is “the best interest of the child”. Furthermore, the court errors on the side of not making changes to the child’s current lifestyle and considering you...

Q: my mom has had custody of nephews for over a year. can my sister get them back

1 Answer | Asked in Adoption and Child Custody for New York on
Answered on Aug 15, 2018
Nina Mironenko's answer
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 interest of the child(ren)". The mom would have to prove herself over a rather long period of time to be the better custodian - which she might not be capable of doing.

Q: The bio father has agreed to sign over his rights to my current husband. What do I do next?

1 Answer | Asked in Adoption and Family Law for New York on
Answered on Feb 4, 2018
Stephanie E. Emanuel's answer
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 SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan options....

Q: U filed an appeal for custody can the child get adopted while waiting for court date.

1 Answer | Asked in Appeals / Appellate Law and Adoption for New York on
Answered on Nov 27, 2017
Christine Moccia's answer
This is a very complicated question and situation with the custody of a child involved. Please contact an attorney.

Q: My sons father wants to terminate his parental rights.

1 Answer | Asked in Adoption, Family Law and Child Custody for New York on
Answered on Jul 25, 2017
Ali Shahrestani, Esq.'s answer
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 me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...

Q: Am I my daughters legally parent?

1 Answer | Asked in Adoption for New York on
Answered on Jul 25, 2017
Ali Shahrestani, Esq.'s answer
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 appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

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 ?

1 Answer | Asked in Adoption and Family Law for New York on
Answered on Jul 8, 2017
Ali Shahrestani, Esq.'s answer
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. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...

Q: The City of New York is attempting to have my son adopted. This will sever our ties and thus violate my religious value

1 Answer | Asked in Adoption and Family Law for New York on
Answered on Jul 8, 2017
Ali Shahrestani, Esq.'s answer
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 can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...

Q: The brother-in-law who just came to the U.S. legally threatens to abandon his wife and 5 kids.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for New York on
Answered on Jul 1, 2017
Ali Shahrestani, Esq.'s answer
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, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...

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

1 Answer | Asked in Family Law and Adoption for New York on
Answered on May 15, 2017
Ali Shahrestani, Esq.'s answer
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 with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY,...

Q: Could my friend's 14 year old daughter live with me if the father consents and the mother is deceased?

3 Answers | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for New York on
Answered on May 8, 2017
Aubrey Claudius Galloway's answer
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 below:

In the absence of multiple indicated CPS reports The COURT has no evidence to show "special circumstances...potentially endangering the child"... you are you would be coming through...

Q: I was tricked into signing adoptions papers then was sued for full custody. Anything I can do?

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Adoption for New York on
Answered on May 2, 2017
Ali Shahrestani, Esq.'s answer
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 necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,...

Q: My boyfriend wants to adopt my son how does that work?

1 Answer | Asked in Adoption for New York on
Answered on Apr 17, 2017
Ali Shahrestani, Esq.'s answer
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 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, www.AEesq.com. I...

Q: I have two grandchildren in foster care under kingap, I was wondering how can I adopt them

1 Answer | Asked in Adoption and Family Law for New York on
Answered on Mar 9, 2017
Ali Shahrestani, Esq.'s answer
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 about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...

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?

1 Answer | Asked in Adoption for New York on
Answered on Mar 6, 2017
Ali Shahrestani, Esq.'s answer
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 with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...

Q: I already have FULL physical Custody of my grandbaby ....Can adopt ? And how long will it take?

1 Answer | Asked in Adoption for New York on
Answered on Mar 3, 2017
Ali Shahrestani, Esq.'s answer
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 with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...

Q: I need help I'm about to loss my child her mom remarried and want the new husband to adopted my child

1 Answer | Asked in Family Law and Adoption for New York on
Answered on Feb 8, 2017
Ali Shahrestani, Esq.'s answer
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 can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business...

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