Legal Question in Family Law in California

Adoption Procedures

I will be married 9-1-01. My daughter will be 2 on 8-17-01. She has never seen her natural father. He has never paid child support, provided for her, or been in the same room with her. WE HAVE NOT RECIEVED ANYTHING FROM HIM FINANCIALLY EVER. He is not on the birth certificate. My fiance is planning on adopting her after we are married. But I am not sure which way to go. Do I do an abandonment petition? Or termination of parental rights first? I have the book and software '' How to adopt your step child in Caliofornia'' but I am confused on which way to go. I know where the natural father lives.... and he knows where I live but he has never seen her in all the 2 years. Please help me.... I don't want to file the wrong papers. I know my options are Will failure to support child, abandonment, termination of aprental rights, and missing parent surfaces. THANK YOU


Asked on 6/10/01, 11:09 pm

2 Answers from Attorneys
Catherine Adams Law Office of F. James Feffer

Re: Adoption Procedures

Have you even spoken to the birth father since your daughter was born? In many cases, they are willing to consent to adoption by a stepparent because it gets them off the hook for paying child support in the future. If you are not on speaking terms, maybe a family member can help. This is always the easiest way, because if you know where he is you will have to give him notice of any proceedings anyway. If he understands that your alternative is to go to court to get child support, maybe he will be reasonable.

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Answered on 6/28/01, 2:12 pm
John A. Giffen Law Offices of John A. Giffen

Re: Adoption Procedures

If you were not married to the natural father and he has never paid support or taken the child into his home, he is an alleged father and it is fairly easy to terminate his rights. You have to serve him with a notice of paternity and give him time to claim paternity. If he doesnt file paternity within 30 days he is done and your new husband can proceed without futher contact with him. If you dont know where to find him the court will waive notice. If he does file within the 30 days he still will likely be terminated because he has not supported you or the child and the courts do not have any sympathy for that kind of father. Please feel free to call me for a free consultation on the cost of a step parent adoption. I will need to know what county you live in and where the father was last known to live if you dont have a current address.

John A. Giffen,

Adoption Attorney

800-955-9504

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Answered on 6/29/01, 12:42 am


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