Legal Question in Family Law in California
Child custody
My daughter is pregnant with her former boyfriend and his family is threating me in a psyhical way and claiming to check on the county to see if she applied and their not helping out at all for this baby coming and they want a DNA test and his mother is now talking about adopting the child. I have a growing fear of these people and I would like to know what power do they have as far as the whole adoption thing.I strongly feel it's for the money, she takes in foster children when she needs money. So, I'm sure you see my great concern. I really need some type of direction how to handle this. This is unfamiliar to me. Thank you for reading this
2 Answers from Attorneys
Re: Child custody
Your daughter has the custody rights to the unborn child. The former boyfriend would not have parental rights until there is either a signed admission of paternity at the time the child is born, or the court determines he is the father and issues a judgment that he is the father. The former boyfriends mother has not parental rights.
The issue of child support could be turned over to the local child support agency. You may also want to contact an attorney regarding the possibility of obtaining a restraining order keeping her away from you and your family.
Re: Child custody
She cannot adopt your grandchild unless a court were to take away your daughter's parental rights. Parental rights are not taken away lightly and generlly require one of the following circumstances under California Welfare & Institutions Code �� 361.5 and 366.26: 1) Abandonment or Extreme Parental Disinterest 2)Abuse/Neglect 3) Mental Illness or Deficiency 4) Alcohol or Drug Induced Incapacity 5) Felony Conviction/Incarceration 6) Abuse/Neglect or Loss of Rights of Another Child 7) Sexual Abuse
8) Failure to Maintain Contact
9) Failure to Provide Support
10) Child's Best Interest 11) Felony assault of child or sibling 12) Murder/Manslaughter of sibling child.
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