Legal Question in Family Law in California

Re: abandonment charges and relinquishing parental rights

You can go to court and file stepparent adoption proceedings. The major hurdle is that since you don't know where he is, you will have to ask the court for permission to serve him with notice of the proceedings "by publication." The Constitution says everyone has the right to due process of law which means you have to give him notice of what you are doing. So you will be giving him "notice" by printing one of those tiny legal-notice ads in the back of the paper that nobody reads. The judge will hold your feet to the fire as far as making you prove you have tried every other possible way to locate him. Maybe I can help, or you might also try the book "How To Adopt Your Stepchild" from Nolo Press (www.nolo.com) which you can buy, or read at your local library or courthouse law library.

Reply: abandonment charges and relinquishing parental rights

There is a process by which you can have his parental rights terminated, and then complete a step-parent adoption.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: abandonment charges and relinquishing parental rights

You will probably need to file a citation under family code 7822 et seq to terminate the father's rights due to abandonment and proceed with a stepparent adoption. Presuming that the father has been out of the child's life for a considerable period of time, I believe you have a very strong case and will be successful. The courts are very cognizant of the problems associated with abandonment of children and, in this writer's opinion, the court will be sympathetic to your concerns and wishes to provide the child with stability and security.

The problem of not knowing the father's current address is not insurmountable.

This area of the law is somewhat complex and if you are really serious in your desires, then I strongly advise that you retain the services of a knowledgeable attorney.

Best regards,

Damian Nolan.