K-2 Child Adoption and Parental Consents
I live in the state of New York:
I married my wife on a K-1 Visa 6 years ago. We have been having issues with her drinking. She was removed from our house and I have custody of the K-2 child as well as our common child. I want to adopt the K-2 child as, I love him as my own and want to make sure the brothers stay together.
I don't think my wife is going to consent to the adoption since, it didn't happen during the marriage as it was. The next part of this is the most critical. I believe you only need consent from one of the children's biological parents in NY. Wouldn't the biological father of this K-2 child already have consented to a (potential) adoption (sign off on the child) in order for the child to even come over to the U.S. as a K-2? I know I am probably stretching it, but have to know since the thought came across. OR, am I just SOL if his mother doesn't consent even though she is court ordered to rehab?
Does anyone out there know?
Re: K-2 Child Adoption and Parental Consents
The courts want children to have a mother and a father.
Even if you were to adopt, you would be assuming the "father" part of that... the mother's rights would not be removed.