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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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Family coirt Court, Legal aid but the answers are all up in

Customer Question

Family coirt Court
JA: Since laws vary from place to place, what state is this in?
JA: Have you talked to a lawyer yet?
Customer: Legal aid but the answers are all up in the air
JA: Anything else you think the lawyer should know?
Customer: My sons biological father wants to sign over his rights but I'm being told if me and my fiancé aren't married my fiancé can't adopt my sons father saw him when he was three months old for dna establish and never since my sons 8
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Family Law
Expert:  JD 1992 replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 3 months ago.
I live in New York and my sons biological father has been on my case bc he wants to sign over his parental rights now I was told that my fiancé could adopt now I'm being told otherwise my son was three months old the one and only time he saw his father and it was for dna establish and he's 8 now
Expert:  JD 1992 replied 3 months ago.

I understand your facts, what is your question?

Customer: replied 3 months ago.
My question is can or can't my fiancé adopt
Expert:  JD 1992 replied 3 months ago.

It's not illegal for a fiance to adopt your child but it is unusual and many judges frown on it. If you were to be married then the judge wouldn't object, assuming that there is nothing in your fiance's background (ex. a criminal history) that would interfere.

The judges that I've seen reject these applications have stated that if the fiance isn't committed enough to marry the other parent then they have doubts as to whether they are committed enough to adopt a child. This kind of thinking is old fashioned and eventually it will be rare to see a judge who thinks this way but it's not rare right now.

However, your lawyer can tell you which judges are likely to look at it that way and which ones are not and, again, if you get married then that removes the issue altogether.

So, the short answer is that it is legal for your fiance to adopt your child.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 3 months ago.
We are planning a wedding but in two years so a lawyer could appoint to a judge that would do it
Customer: replied 3 months ago.
Do u know any judges in ny that would how your a lawyer
Expert:  JD 1992 replied 3 months ago.

Yes, a local lawyer will probably know which judge will allow it and which won't. They could then try to get it in the right judge's office.

You can find a lawyer by going to and in the section for Are of Practice enter Family Law.

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