Legal Question in Family Law in California

adoption

My son's father has moved out of state and has chosen to be physically out of his life for about six months. He has written and left messages for him on our answering machine about a total of 5 times. He ''pays'' child support whenever the D.A. finds him (they find him, attach a wage garnishment, then he quits). I am in a situation in my life where I might have to move with my future husband (he's in the military) in the future. I do not want to keep him from his child, but I would like to move on with my life as he has with his and I don't know my choices. What can I file for that will allow my child to move with me? Do I need the biological father's consent to have my child adopted (which I know will stop the child support, and that is fine) by my future husband, I am afraid that the D.A. will not be able to find him and if so, what can I do? Thank you for any and all help and information. I certainly appreciate it.


Asked on 8/04/05, 7:00 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: adoption

I cannot advise you on the move without reviewing your current custody order. To adopt the child you need to terminate parental rights of the Father, either with his permission or by court order. For court order you need to receive no child support and no contact for one year. If you fax me a copy of your custody order (judgment) at (619)589-8577 and a call back number or e-mail address, I can give you better advise concerning a move. Good Luck, Pat McCrary

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Answered on 8/05/05, 12:50 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: adoption

Adoption may not be a current option and you may need an order allowing the move. Call me directly at (619) 222-3504.

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Answered on 8/05/05, 3:44 pm


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