Legal Question in Family Law in California

Adoption & name change of my 4 year old

I have had 100% legal & physical custody of my daughter for 3 years now. My ex-husband has not paid child support for 2 years and I have no idea where he lives. I am getting married soon and my fiance of 2 years has taken care of my daughter and I for 3 years. He desparately wants to adopt her and for us all to be a family and share a last name. The ex-husband has a big ego and would never let that happen even though he hasn't paid child support, a restraining order in still in place and is no where to be found. How is this possible???


Asked on 4/23/09, 4:11 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Adoption & name change of my 4 year old

Contact the local department of social services and obtain the forms for a step parent adoption. These forms will provide information as to what you need to do to obtain a step parent adoption. It is my understanding that there is a requirement of being married at least one year prior to the adoption. There is a presumption of abandonment if there has been no support and no contact with the child for 12 months. An attorney can provide guidance and help with the process.

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Answered on 4/24/09, 12:42 pm


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