What to do if my fiancee has a daughter from his previous marriage and wants to terminate the mother’s parental rights and transfer them to me?

Is there a techinical term for this, and how would we go about doing this? Adoption, or something else?

Asked on September 8, 2012 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Termination of parental rights is not an easy thing to do.  Generally speaking, you would have to prove that the Mother was in some way unfit and that it would be in the child's best interest to terminate rights (there are other statutory grounds for termination that may or may not apply to your situation: abandonment, permanent neglect, repeated abuse, etc.).  She could terminate voluntarily.  Then yes, you would legally adopt the child but only after you are married.  

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