Legal Question in Family Law in California
I have a current custody/visitation order in place in California. I have had full custody almost 3 years, and just went to court a week ago, was able to maintain custody, and father lost visitation. My husband has been raising my son for 7 years (he is currently 10 years old). If his biological father does not follow through with the current court order (reunification counseling to seek supervised visitation) how likely are our odds of gaining parental rights and following through with a step parent adoption?
1 Answer from Attorneys
The father must fail to have contact with or support the child for a period of one year. If he makes no efforts in that time there is a presumption of abandonment. If he makes token efforts, the court must find by clear and convincing evidence that the efforts truly are just token efforts and that the conduct still manifests an intention to abandon the child. Otherwise, without a case of child abuse or neglect, or parental disability to parent, you can't terminate a parent's rights.
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