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


Asked on 10/02/00, 4:48 pm

2 Answers from Attorneys

Michael Gray Barber & Gray, LLP

Re: contested steparent adoption

Generally courts will not agree to an adoption over the objection of the biological parent.

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Answered on 10/31/00, 1:48 pm
Diana Mercer Peace Talks Mediation Services

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.

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Answered on 10/31/00, 4:35 pm


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