Legal Question in Family Law in California
Abandonment vs. Adoption by Step Parent
I divorced my ex 7 years ago for physical/emotional abuse towards me and my baby and I was pregnant w/ #2 at the time.I never saw him or heard from him again after that (he moved to GA-also no child support ever paid or ordered by a judge because he didn't report his income). My current husband has raised them since they were 2 and 1 and wants to adopt them. Does the biological parent have any rights? What steps can I take since don't know how to locate him?
2 Answers from Attorneys
Re: Abandonment vs. Adoption by Step Parent
Yes he does have rights. Because you were married at the time you concieved the child he is a presumed father and you must get his consent or terminate his rights ( Voluntarily or involuntarily) If you dont know where he is you may be able to post the termination of rights citation in the newpaper, but you have to attempt to locate him.
He may be willing to consent to the adoption because he is also obligated to pay support for the child. You have grounds to terminate his rights based on failure to maintain a parental relationship and failure to support the child. However it would be easier if he would voluntarily sign a consent to adoption.
John A. Giffen
Re: Abandonment vs. Adoption by Step Parent
Contact and ask him to execute a document terminating his parental rights. He may surprise you and execute the document. Get a copy of the document from the department of social services in the county you reside in.
If he does not cooperate you can file a petition to terminate his parental rights, to clear the way for a step-parent adoption. Based on your statement he would have little chance of success if he attempted to oppose the petition to terminate his parental rights.
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