Can I adopt my stepson and step daughter (age 17 and 15) in NY. Bio mom does not pay child support and has no custody or visit?

Q– My husband has had full custody for 3 years of his children now ages 17 and 15. Their bio mom moved away and pays no child support. My step daughter has blocked her bio mom and has no contact because of emotionally abusive calls and texts when she was paying child support so to safeguard them, my husband terminated her support. They have had no overnight visits with her in over 5 years. I have raised them for the past 7 years but she still has legal rights because my husband thinks it will be too hard to prove she is mentally ill (she is) and will not take her to court. Can I adopt them as my own children without her consent? They both want to be adopted by me but we do not want to have anything to do with her or is it better to wait until they are both 18?

A- You would appear to have legal grounds to adopt the children. A step-parent adoption can be approved if the biological parent has “abandoned” the child – which usually means they’ve failed to have substantial contact for more than 6 months. I recommend to schedule a consult with a Westchester Adoption Attorney for a full assessment.