Q: I have a visitation trial coming up but my partner wants to adopt my daughter. My daughter’s dad has not paid child support since 2019 and I have a 5 year order of protection. His psychological evaluation said it would not be good for him to be with a child base on his personality disorder and substance abuse, he also has not comply with the judger orders and has a criminal trial for breaking the order of protection. I want to know if I can petition to terminate his parental rights for my partner to adopt her.
A: You can bring an adoption proceeding – this would result in effectively terminating his parental rights. Bear in mind, however, that nonpayment of support and/or having an order of protection would not be grounds (in themselves) to have the adoption approved – the Judge would need to find he legally abandoned the child. Schedule a consult with a Bronx Family Law attorney for a full assessment.