Adoption Lawyers NYC Secure Stepparent Adoption after Appeal

The child’s biological father had a documented history of domestic violence toward both the mother and the child, resulting in divorce and the mother being awarded sole legal and physical custody pursuant to New York Domestic Relations Law §240.

Protective orders had previously been issued, and contact between the child and biological father had been inconsistent and destabilizing.

Despite this background, the biological father’s parental rights had not yet been formally terminated, creating ongoing legal and emotional risk for the child.

The trial court denied the petition, reasoning that the existing custody and visitation framework, combined with the stepfather’s informal parental role, was sufficient to protect the child’s interests.

The court suggested that guardianship or continued custody orders could address the child’s needs without severing the biological father’s legal status.

This interpretation effectively treated the adoption as discretionary rather than necessary, prompting the family to pursue appellate relief.

Expert reports from licensed child psychologists and developmental specialists were submitted to demonstrate that the child exhibited anxiety related developmental delays directly linked to early exposure to domestic violence.

Clinical evaluations documented that the child showed measurable improvement only after establishing a consistent paternal bond with the stepfather.

Counsel argued that leaving the biological father’s rights intact posed a continuing risk of retraumatization and regression.

The appeal further highlighted that under New York law, a biological parent whose rights remain intact may seek future modification of custody or visitation under Family Court Act §652.

Maintaining the biological father’s legal status created the risk of renewed litigation, forced contact, or disclosure of the child’s residence through court filings.

Adoption counsel argued that permanent severance of parental rights was necessary to ensure long term safety and stability.