Legal Question in Family Law in California
contested steparent adoption
Although my six year old daughters biological father pays court ordered child support, he hasn't seen, spoken or written to her in two years. My husband of four years would like to adopt her, so that she and our other daughter will always be together. The bio father is in the military in GA, and is currently on active duty in Bosnia. Even though, we had to have a court ordered DNA test, he now refuses to give up parental rights. My husband is the only father she has ever known
2 Answers from Attorneys
Re: contested steparent adoption
Generally courts will not agree to an adoption over the objection of the biological parent.
Re: contested steparent adoption
Michael Gray's response is correct; however, you may wish to ask the court to hold a hearing in this matter. The court can then consider what's in the child's best interests...which may or may not be what the biological father wishes. That said, courts are reluctant to terminate parents' rights...but it's not impossible.