Legal Question in Family Law in California
Adoption, Custody, Father's rights
My son's father is Not on the birth certificate, he has never seen him, but continues to try to contact us from his jail cell...I'm in a relationship and marriage and adoption is the topic. I do not have to involve his so called Father correct, because he's not on the birth certificate and he's never seen him. Help, please...thank you!
2 Answers from Attorneys
Re: Adoption, Custody, Father's rights
Fam. Code � 8604
The birth parents, if living; the parent having custody of the child is the one who can legally consent, if the other parent (a) fails to support the child or (b) fails to respond to notice of adoption.
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Re: Adoption, Custody, Father's rights
Incorrect. The biological father, or even all possible biological fathers must be notified of the adoption process and must be given the opportuinty to consent, object, waive, or do nothing. I have had adoption cases where 3 or more potential fathers have been notified. Otherwise, an alleged bio dad has up to 3 years to move to set aside the adoption. A result which I am sure you do not want. Whether the bio dad will be successful in thwarting the adoption is hard to say without additional information. I can aggressively use all legal means available to make it very difficult and undesireable for the bio dad to fight the adoption.
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