Legal Question in Family Law in California

I have sole legal and physical custody of my two children and do not receive child support (there is no court order FOR child support due to the history of physical violence that initiated our divorce) and the biological father has NO visitation rights per court order. He made no attempts to see or communicate with the children for nearly 10 months before our divorce was finalized and obviously hasn't since.

I recently remarried and my new husband wants to adopt my children. I do not want my ex-husband to know where we live, that I've remarried, or anything at all relating to our lives - I would be happiest if he actually forgot that we all exist, as he appears to have done. My question is whether or not I will be required to obtain some sort of cosent from him to follow through on the stepparent adoption or notify him in any way. Since I have sole legal and physical custody is my consent enough?


Asked on 12/17/10, 2:07 pm

1 Answer from Attorneys

You'll have to get his consent or a judgment terminating parental rights, both of which would require contact with him. If you use an attorney, however, you would not have to have any personal contact with him, and identifying and locating information could be withheld from him.

Read more
Answered on 12/22/10, 2:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California