[shayh2004]

My daughters father was convicted criminaly and deported to his homeland because he entered usa illegaly three times. He is now banned from usa for 20 years and my husband now who has a son with me wants to adopt my daughter but we have no idea how to make this happen. Looking for some advice or a great lawyer in New York near buffalo or rochester. I can provide documents of his deportation on in 2008. Her birth father has made no effort to keep in contact and we have no clue where he is other than mexico some place we think. He was incarcerated when she was 10 months old. He has no chance and has made no attempts to come back due to the banned court order of immigration courts. How can we get her adopted by my husband now.

[Synnen]

The simplest answer to this is that you NEED an attorney. You are looking at some international laws, and you need to determine EXACTLY what you need to do legally to make it happen. Adoption law varies by area, making it even more complicated. If you don't want to have a chance that the adoption can be overturned at a later date, you NEED an attorney.

[JudyKayTee]

Rochester and Buffalo are in different Counties and this IS a County Court matter. Which County are you living in?

Yes, you need an Attorney. Yes, if the father can be located he can be served either personally or by publication, including if he's in jail. You may have an additional advantage because the father can't get back into the US and no Court will order your child to visit him in Mexico (and possibly not be returned). That may cause the Court to lean a little in your favor.

You need an experienced family law attorney. Be sure to ask how familiar the attorney is with adoptions between the US and Mexico. An Attorney along the Texas border could conceivably see a lot of these situations. An Attorney in WNY may have never seen one.

[AK lawyer]

... Be sure to ask how familiar the attorney is with adoptions between the US and Mexico. An Attorney along the Texas border could conceivably see a lot of these situations. An Attorney in WNY may have never seen one.

I don't know how many New York attorneys there are with offices along the Rio Grande. There may be a few, but I suspect OP might have to settle for a NY attorney with some familiarity with adoption.

[JudyKayTee]

You misunderstood - I was saying in Texas I don't know if I'd ask a family law Attorney if he/she was familiar with this scenario.

I sure would in New York!

[AK lawyer]

Oh. I see.

At any rate, for a step-parent adoption there are two main things to think about.

First, they will have to do everything they can to contact the natural father. If they can, it might be easy to persuade him to agree. Who knows. And I agree, a Texas attorney is more apt to know how to find him in Mexico than a New York attorney.

Secondly, if he will not agree, statutory criteria would be applied by the court to determine if consent can be waived. Some states require intentional "abandonment", others simply call for a "best interest of the child" determination. I don't know what New York does because, frankly, the New York statutes are a mess.

Oh. Here's something:

" 111. Whose consent required. 1. Subject to the limitations
hereinafter set forth consent to adoption shall be required as follows:
(a) Of the adoptive child, if over fourteen years of age, unless the
judge or surrogate in his discretion dispenses with such consent;
(b) Of the parents or surviving parent, whether adult or infant, of a
child conceived or born in wedlock;
(c) Of the mother, whether adult or infant, of a child born out of
wedlock;
(d) Of the father, whether adult or infant, of a child born
out-of-wedlock and placed with the adoptive parents more than six months
after birth, but only if such father shall have maintained substantial
and continuous or repeated contact with the child as manifested by: (i)
the payment by the father toward the support of the child of a fair and
reasonable sum, according to the father's means, and either (ii) the
father's visiting the child at least monthly when physically and
financially able to do so and not prevented from doing so by the person
or authorized agency having lawful custody of the child, or (iii) the
father's regular communication with the child or with the person or
agency having the care or custody of the child, when physically and
financially unable to visit the child or prevented from doing so by the
person or authorized agency having lawful custody of the child. The
subjective intent of the father, whether expressed or otherwise,
unsupported by evidence of acts specified in this paragraph manifesting
such intent, shall not preclude a determination that the father failed
to maintain substantial and continuous or repeated contact with the
child.
..."

Laws of New York

[JudyKayTee]

I'm not sure certain NY Attorneys know where Mexico is.

Good quote - !