No. This is one of the most common misconceptions. Paying child support does NOT negate abandonment in New York (or any state).
Abandonment under N.Y. Dom. Rel. Law § 111(2) is about the relationship with the child — not financial obligations. A parent who sends money but has no meaningful contact with the child for 6+ months is still considered to have abandoned the child.
The key factors the Family Court or Surrogate's Court looks at:
- Has the parent visited the child?
- Has the parent communicated with the child?
- Has the parent participated in the child's life?
If the answer to all of these is "no" for 6+ months, the court will likely find abandonment — regardless of whether child support was paid.
We include a detailed abandonment affidavit in your document package that addresses exactly these factors.
Stepparent adoption in New York at a glance
- Court
- Family Court or Surrogate's Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Court filing fee
- $200-$500
- Child must consent at age
- 14
- Home study
- May be required
- New York families we've helped
- 1,119
Adoption document specialists · 25+ years of experience · 34,000+ families helped.
Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.
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