Legal Question in Family Law in California

Re: Absentee fathers

Fathers must give consent before an adoption is permitted absent unusual circumstances.

Re: Absentee fathers

His rights turn on whether he has ever had the child in

his home and held her out as his child, or executed a

voluntary declaration of paternity (the law changes on this

next year), and whether there is a judicial decree of paternity. In

those cases, his consent is necessary, unless you can (in the future)

terminate his rights for abandonment (failure to contact or pay

support). If none of that (holding out, voluntary declaration or judicial decree) has

occurred, it may be possible to adopt without his consent, if

he fails to file a paternity action. Have the situation reviewed

by an adoption attorney. Members of the California Academy of Adoption

Attorneys will be able to analyze your specific facts.

Re: Absentee fathers

I DO NOT ADVISE YOU TO PROCEED WITH ADOPTION WITHOUT OBTAINING BIOLOGICAL FATHER'S CONSENT. HIS ADOPTION IS SUBJECT TO ATTACK IN FUTURE. YOU MAY CALL ME FOR A FREE OFFICE CONSULTATION AT 310-839-7700.

Re: Absentee fathers

Given the facts as you state them, NO. In that response, I expect that you are really asking, will he have to be involved in the adoption? Absent his consent, there will be a need for a court action (Terminate rights of Father) to eliminate the need for his consent if you prevail. Why not just get his consent?