[confusedinny]

Hi there,

I have read A lot of posts but have been unable to find anything similar to my situation.

I live in NY State and I am well aware that laws vary by state.

After four miserable years in and out of court in regards to my 5 year old daughter, her father has vocalized that he wishes to give up his parental rights to her.

I currently have sole custody.
He has visitation but has refused to see her, call her, or have any contact with her.
He does pay child support. He is behind but does make minimum payments.
He had documented psychological issues, including a suicide attempt a few years back.
He is now a convicted felon, unrelated to the custody.

I do agree that it would be best that he relenquishes his parental rights.
I would forgo child support.

The issue I am having is I have been told in NY State that unless another man is willing to be an adoptive parent then the judge will not entertain the request.

I have no intentions of remarrying or seeking out a "substitute" father for my daughter. I am happy single.

Anyone with any NY State advise? Please help...

[ScottGem]

Why do you think it would be best for him to relinquish his rights? He is not using those rights now, so what do you think would be gained by having him relinquish them?

The only thing I can see that you might want is to remove his visitation so he can't try to enforce the visitation rights at some future time. But I don't see any advantage in having his rights terminated.

[AK lawyer]

The issue I am having is I have been told in NY State that unless another man is willing to be an adoptive parent then the judge will not entertain the request.

What you have been told is correct.