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Home > Law > Family Law   »   Grandparent adoption over biological fathers objection

 
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Old Apr 24, 2008, 08:34 AM
anthra
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Grandparent adoption over biological fathers objection

I live in NYS and am 21. Currently I am 5 mo. pregnant and want to have my mother adopt my new born. (My mother FYI is an employed case worker, no reports on the SCR - does not use drugs or alcohol etc. )
The biological father is 23 and is incarcerated currently pending trial for 3 felonies. He also is in for parole violation for a previous felony ( and would have 5 years left to serve if returned). He states he will not agree to allowing anyone to have the baby except him and his parents. (My mother FYI is an employed case worker for a not for profit agency, no reports on the SCR - does not use drugs or alcohol etc. ).
Can this be done without his consent- what challenges could he make? do I have to name him as the father of the baby? Does his felony covictions make him loose his rights? Could it be considered abandonment if he must serve more than 1 year?
Also what steps would need to be taken and costs involved? Thank you for any guidence.

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Old Apr 24, 2008, 09:59 AM   #2  
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Unless he represents a danger to the child, its unlikely a court would terminate his rights. Your mom might be granted custody and guardianship, but not adoption.
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Old Apr 24, 2008, 03:03 PM   #3  
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What is your situation like that you want to give up your baby ?
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Old Apr 25, 2008, 06:11 AM   #4  
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My situation is that I am in school- have no job and do not feel that I can give a child that stabilty needed. I've also been diagnosed as being bi-polar. I know that my mother would take excellent care of the child. She suggested custody as an option but I feel adoption would be best for the baby even though I know its permanent and I cant just change my mind when my life is more on track. Also, the baby could get insurance benefits etc from my mom's company only if the grandchild was legally adopted.
I only knew the father for about one month before I became pregnant. He is in jail now for trying to rob/defraud an old man for over $70,000 for work he was alledgedly doing on the man's home. This matter has not gone to trial yet. He has a previous felony for grand larceny.The father is violent- he has beaten up many people and killed multiple cell phones when angry but has not been physically violent towards me ( verblly abusive and controlling yes- ohysically no).
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Old Apr 25, 2008, 06:16 AM   #5  
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Quote:
Originally Posted by anthra
My situation is that I am in school- have no job and do not feel that I can give a child that stabilty needed. I've also been diagnosed as being bi-polar. I know that my mother would take excellent care of the child. She suggested custody as an option but I feel adoption would be best for the baby even though I know its permanent and I cant just change my mind when my life is more on track. Also, the baby could get insurance benefits etc from my mom's company only if the grandchild was legally adopted.
I only knew the father for about one month before I became pregnant. He is in jail now for trying to rob/defraud an old man for over $70,000 for work he was alledgedly doing on the man's home. This matter has not gone to trial yet. He has a previous felony for grand larceny.The father is violent- he has beaten up many people and killed multiple cell phones when angry but has not been physically violent towards me ( verblly abusive and controlling yes- ohysically no).

The child cannot be adopted without the consent of the father. Perhaps he would consent - you would need an Attorney for either adoption or custody so perhaps the Attorney could contact the father -
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