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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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I want to have my sons biological fathers ...

Customer Question

I want to have my son''s biological father''s parental rights terminated. He is $6500 behind in support payments and $500 behind in medical support payments. He lives in Florida and I live in New York. I am remarried and my husband wants to adopt him, which I feel is in the best interest of the child since he is 10 and his biological father has seen him twice in his lifetime and doesn''t communicate with him via email or phone. Is this possible and is it possible without an attorney.
Submitted: 8 years ago.
Category: Family Law
Expert:  legaleagle replied 8 years ago.
It is possible to terminate parental rights. Especially if the biological father is willing to do so and there is another father that wants to adopt the child. You will need an attorney, especially since the father is a resident of a different state.
Customer: replied 8 years ago.
I understand that this is possible but is it achievable without the biological father's willingness to do so?
Expert:  legaleagle replied 8 years ago.
Yes, his rights can be terminated for the reasons below.

Statute: Soc. Serv. Law § 384-b
Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest
Mental Illness or Deficiency
Alcohol or Drug Induced Incapacity
Felony Conviction/Incarceration
Failure of Reasonable Efforts
Abuse/Neglect or Loss of Rights of Another Child

Failure to Maintain Contact
Failure to Provide Support
Child Judged in Need of Services/Dependent
Child's Best Interest
Child in care 15 of 22 months (or less)
Felony assault of child or sibling
Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination
Sexual Abuse
Failure to Establish Paternity