One of the most rewarding aspects of my career and profession is representing adoptive parents.
It is one of the most joyous events that I participate in and such a celebration of life. I am an advocate for a child having both parents in their lives and a good relationship with both parents. I a have written extensively on the importance of the role of fathers as well as mothers in a child’s development and stability.
There was a recent case in the Fourth Department in New York whereby prospective adoptive parents lost their bid for an adoption of a young child. In the lower court the court decided the father’s consent was not necessary. The father fought the adoption and appealed an order of the lower court the court stated that his consent was not necessary because he did not properly plan for the child, and they allowed the adoption to occur. He was in the military.
He appealed to the appellate division which found that he had acknowledged his paternity, he was in the military, and that he had made provisions for the child. The higher court found his consent was necessary and his parental rights should not be terminated. The court rejected the defense’s argument that the father failed to establish the ability to care for the child, finding that the father’s inability temporarily to provide housing due to his military status did not preclude him from asserting his custodial rights. In the Matter of William, 396 CAF 2100834 on June 10.)
Again, the courts in New York continue to write decisions upholding not only the rights of parent. Fathers have the same rights as mothers. Parents have the right to raise their children. We at the DePalo Law Firm support our clients in this endeavor and we work hard to ensure your rights are protected for yourself and your children.
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