Legal Question in Family Law in California

I adopted my nephew 2 years ago. He is having a hard time due to all his mental issues. My sister and her husband are wanting me to give them guardianship as they have more resources than I do. I am a single mother to 5 (including him). There is no father listed on his birth certificate. Is there a way to give them custody or some form of guardianship without taking away all of my rights to him? They are willing to take permanent guardianship so they can add him to their insurance and make legal decisions for him while he is staying with them. I am just having a hard time with the though of permanent but this is the only way to add him to their insurance. Is it possible to even add my brother in law onto his birth certificate as the father as technically he does not have one? Or is there any other way? I know it's best for him to live with them, but I just don't want to give all my rights away.


Asked on 11/28/10, 9:23 pm

1 Answer from Attorneys

Tina Chen Law Office of Tina Chen

If your brother in law is not the child's father and has not legally adopted the child, he cannot be added as the father on the birth certificate.

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Answered on 12/16/10, 1:30 pm


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