New York Family Law Blog
This family court will decide on the adoption of a child. The biological father has requested the court to dismiss the adoption hearing. The father also wants to move the entire proceeding to the family court. The petitioner, who is the would-be adoptive father, challenged the motion to dismiss with a petition. An New York Family Laywer the adoptive father included in his decision that the permission of the natural father to adopt the child is no longer required.
The child who was being disputed was conceived when her mother was already separated with her then husband. Sometime later, they were divorced. Since the birth of the child, the father who is also the petitioner in this case, has always asserted his parental rights. After the birth of the child, the mother had reconciled with the natural father but they did not get married again. As a result of their reconciliation, they were opposed to the idea of allowing the natural father to visit her.
The dispute over the child has reached the family court. A New York Criminal Lawyer said the proceedings have established that visitation rights should be given to the natural father. The adoptive father has moved to revoke the paternal rights of the natural father by adopting the child himself.
In order for the court to decide on the matter, a review of the background of the parties involved will put things in perspective. The mother of the child and the adoptive father had one child during their marriage. The couple decided to separate and filed an agreement with the Supreme Court. During this time of separation, the mother had sexual relations with the natural father. However, the mother and the adoptive father made attempts to reconcile. It was during this time that the mother became pregnant with the child disputed for custody.
According to a Nassau County Family Court Lawyer, the reconciliation attempt between the adoptive father and the mother did not work out. The mother decided to file for a divorce on the grounds of maltreatment. The adoptive father did not challenge the claims made by the mother and admitted to his faults. The divorce was then granted between the two of them.
It was noted by the court that although the mother informed both of the men in her life that she was pregnant before the divorce became final, neither of the two decisions made by the court made any mention of her pregnancy. However, only the joint custody of the son was included in both orders.
When the baby girl was born, both the natural father and the adoptive father came to hospital. The mother had filed an application to receive benefits from a women’s program. She named the natural father as the other parent of the baby. According to the natural father, the adoptive father did not want his name on the child’s birth certificate unless he was sure that he was really the father. In order to resolve the question of paternity, the mother, the baby and the natural father were subjected to DNA testing. The results have proven the paternity of the natural father.
When the baby girl turned a year old, the natural father continued to enjoy his regular visits but a disagreement with the mother led to the filing of a family court petition. The mother filed for an order of protection.
A Queens Family Lawyer said that while the petition was still pending, the mother had reconciled with the adoptive father and her former husband. The two of them have been living together along with their son and the baby girl. The reconciliation has led the natural father and the adoptive father to fight for parental rights over the baby girl.
The court has arrived at a judgment based on the provisions of family law. Despite the consent of the mother to award parental rights over to her husband, the law states that one parent does not have the right to terminate the rights of another parent. The court has decided to deny the petition of the adoptive father to formally adopt the baby girl. The natural father retains paternal rights while the family court will have to consider the frequency and extent of visitation rights to be awarded to him.
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