Legal Question in Family Law in California
Child Custody
I have a 10year old son who has been living with me since he was born. I was never married to my son's father. I am married now (not to my son's father) and would like my husband to adopt my son. What is the best way to go about this?
1 Answer from Attorneys
Re: Child Custody
If the bio father never paid any support, I would have your husband sign a voluntary declaration of paternity and file it with the Department of Child Support Services. That will make him the legal father of the child. If the bio dad is the legal father, and he would be if he was court ordered to pay support, then you can still file the voluntary dec. and both men will be the legal father of the child. You only need to do an adoption if you need to terminate the biological father's rights to paternity.
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