How can my fiancee get custody over my child?

I live in New York state. I have a beautiful 2 year old, whose father has had contact with her twice since she was born. How long does he have to be absent for his rights to be terminated? Can he voluntarily sign off his rights? Can my fiancée take over his rights? He drinks and I'm not sure what else he does, he's been in jail at least once, maybe twice since she was born. He has just finally had a stable job, and a stable place to live, but still shows no interest in her. I met my fiancée when I was pregnant and he has been there since. He provides for her and cares for her, I am hoping there is a way to get him to sign his rights away so my fiancée can take them over.
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Answered By: The McDonnell Law Firm, PLLC
You can file a petition in Family Court for all these things. If he agrees, it is a simple, easy process.

Answer Applies to: New York
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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