Legal Question in Family Law in California
Abolishing all rights to child
I am having a child with a man who I am not married to. I am keeping the baby and my husband who is not the father is going to raise the child as his own. The father would like to sign a declaration abolishing all his rights as father to this child. How do we go about doing this properly to protect both of us and the child now and in the future?
1 Answer from Attorneys
Re: Abolishing all rights to child
There is a statutory presumption that your husband is the father of any child born to his wife during the marriage and the statutory time of about 300 days after the date of separation. As a general rule parental rights are abolished only when a child is going to be adopted. I have not researched the question you are raising and have not dealt with this situation. However, the longer the child lives with you and your husband the less likely it is that the biological father would be successful in establishing parental rights for the child. You should consult with an attorney regarding this matter to explore all of the facts involved in your case.
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