Questions regarding termination of parental rights

[proudwifey]

What is the name of your state (only U.S. law)? NY

I am aware that I have a previous post regarding this situation (from a few months ago), but I was unable to locate it to add on. So I'm here to start a new post with (hopefully) all of my questions.

Long story short, my childs father molested her, admitted to it, was sentenced to 6 months jail (through criminal court-though he only "served" 4m12d in the holding center due to good behavior) with the stipulation that he will have rights terminated (otherwise he could've gotten 7 years)He also has to register as a L1 for 20 years, and is on intensive probation for 10 years. He has also plead guilty to child abuse in family court, and asked for his rights to be teminated (to go with the criminal court stipulation). Our next court date is 5/19/20, and according to CPS, the papers are in the works. CPS said that this should be the last court date, and that 5/19 is when his rights will officially terminated. No that we're up to date, here's my questions...

1) My husband of 3 years would like to adopt. Approximatly how long does that take? And is it as costly as a regular adoption (as in if a couple were to adopt a 'random' child per say)?

2) What do I need to do to get her a different SSN? Her (soon to be former) father is well aware of her SSN (has copies of her SSN Card, Birth Certificate, and Acknologment of Paternity), and I'm worried that she may become a victim of identity theft at some point in her life. I'm just trying to help save her identity/credit.....

3) Am I able to change her name on her birth certificate BEFORE any adoption is final? If the costs are too high, it will have to be put on hold until my husband and I are able to afford it. But I'd still like to be able to change her last name to ours ASAP

4) Would his mother be able to file for visitation after the termination is said and done. Or with him (as of the 19th) no longer being her legal father, does she have no rights to her. I honestly do not see her doing this, but I'd like to be as prepared as I can. I did tell his mother (when this situation first came about in 10/09) that if she wanted to see my daughter, she could do so by visiting at MY house. But my child will not be going anywhere with anybody from that side of the family (due to the risk of seeing her father). She's made no attempt (which is another reason I'm not too worried...just trying to be prepared). As a matter of fact, my daughter is almost 8 years old, and has only seen her grandmother MAYBE 20 times. So it wouldn't be traumitizing to my daughter is she were to never see her again.

I THINK that's all my questions. If I think of more, I'll add on. But otherwise...please help. Thank you

 

[momofrose]

What is the name of your state (only U.S. law)? NY

I am aware that I have a previous post regarding this situation (from a few months ago), but I was unable to locate it to add on. So I'm here to start a new post with (hopefully) all of my questions.

Long story short, my childs father molested her, admitted to it, was sentenced to 6 months jail (through criminal court-though he only "served" 4m12d in the holding center due to good behavior) with the stipulation that he will have rights terminated (otherwise he could've gotten 7 years)He also has to register as a L1 for 20 years, and is on intensive probation for 10 years. He has also plead guilty to child abuse in family court, and asked for his rights to be teminated (to go with the criminal court stipulation). Our next court date is 5/19/20, and according to CPS, the papers are in the works. CPS said that this should be the last court date, and that 5/19 is when his rights will officially terminated. No that we're up to date, here's my questions...

1) My husband of 3 years would like to adopt. Approximatly how long does that take? And is it as costly as a regular adoption (as in if a couple were to adopt a 'random' child per say)?

You can actually have this happend simultaneously if all your ducks are in a row - you need to contact an adoption attorney.

2) What do I need to do to get her a different SSN? Her (soon to be former) father is well aware of her SSN (has copies of her SSN Card, Birth Certificate, and Acknologment of Paternity), and I'm worried that she may become a victim of identity theft at some point in her life. I'm just trying to help save her identity/credit.....

I do not think this can happen

3) Am I able to change her name on her birth certificate BEFORE any adoption is final? If the costs are too high, it will have to be put on hold until my husband and I are able to afford it. But I'd still like to be able to change her last name to ours ASAP

You should wait (if you can) - what's the rush? Have the birth certificate changed upon finalization of the adoption.


4) Would his mother be able to file for visitation after the termination is said and done. Or with him (as of the 19th) no longer being her legal father, does she have no rights to her. I honestly do not see her doing this, but I'd like to be as prepared as I can. I did tell his mother (when this situation first came about in 10/09) that if she wanted to see my daughter, she could do so by visiting at MY house. But my child will not be going anywhere with anybody from that side of the family (due to the risk of seeing her father). She's made no attempt (which is another reason I'm not too worried...just trying to be prepared). As a matter of fact, my daughter is almost 8 years old, and has only seen her grandmother MAYBE 20 times. So it wouldn't be traumitizing to my daughter is she were to never see her again.

She would have no rights

I THINK that's all my questions. If I think of more, I'll add on. But otherwise...please help. Thank you

Good Luck with this endeavor.

 

[PQN]

When we adopted our children, all we had to do to get new social security numbers was to take a copy of the new birth certificate and the court order to the social security office. It is actually common to get new ss numbers for children adopted at older ages due to the huge risk of id fraud (per our adoption attorney).

 

[SESmama]

You may, depending on the severity the courts see, be able to get a new number but you would have to wait until after the adoption is completed and the BC is changed.

Here is what the SS Office website states (from a sample rejection letter):
"Generally, an individual is assigned one social security number which is used to record all covered earnings during his or her working lifetime. However, in certain instances we will assign a new number if a valid and compelling reason exists. Where evidence shows that the number holder is being disadvantaged by the number through no fault of his or her own, a new number is assigned.

In situations such as yours, where there is no evidence of misuse, our policy is to issue a duplicate card with your previously assigned social security number. However, should evidence of actual misuse of the number be discovered, we would reconsider your request."

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100299210

 

[PQN]

After the adoption, the child is a new legal entity and, as such, has never been issues a social security number. Therefore, she may get a new number.

Original Birth Certificate: Jane Marie Doe
SSN: 123-45-6789
Upon adoption, this birth certificate is sealed.

New Birth Certificate: Jane Marie Smith
Since Jane Smith has never had a social security card issued in her name, she can apply as a 1st time applicant

 

[LdiJ]

In NY, standing to sue for gpv survives both a termination of parental rights (of the gp's own child) AND a stepparent adoption. So grandma would have standing to file.

Hopefully she will not file.

 

[PQN]

In NY, standing to sue for gpv survives both a termination of parental rights (of the gp's own child) AND a stepparent adoption. So grandma would have standing to file.

Hopefully she will not file.

If she does file, agree to nothing. The longer she goes without filing, the better. And the fact that you offered to allow visitation in your home will undermine her efforts.