Legal Question in Family Law in California
Adoption of a Child by her Step-father
My daughter's father and I have been divorced for about 6 years now. He never contested anything in the divorce and I ended up with full legal and physical custody of her. He has been granted visitation so long as it is supervised by me. I am planning to remarry within the next year. Can my new husband (my daughter's soon to be step-father) adopt my daughter withouht my ex-husband's consent?
2 Answers from Attorneys
Re: Adoption of a Child by her Step-father
No.
Re: Adoption of a Child by her Step-father
You must have your ex husbands consent or terminate his rights for failure to support or communicate with the child for at least one year.
He may be willing to voluntarily give up his rights to get out of paying support.
John A. Giffen