Legal Question in Family Law in California

I have a custody order in Sonoma county california, sole physical to me and joint legal. I now live in San Diego( since 2010) and the father has had not excercised visitation since 2011. He has no negatives with which to rescind parental rights except absence, which seems to be weak at best. I am married to another man since 2010 and he is the daddy to my son. My sons biological father will not choose to terminate rights at this time. Do I have a chance for a judge to consider step parent adoption? I am also interested to know if I have a case to simply change my sons name. I tried to get the case transferred to San Diego but it was denied back in 2010. Would I have to file a name change in the court of jurisdiction for the custody case (Sonoma county) or could I do it in San Diego? Unfortunately the distance complicates just trying and seeing. Thank you.


Asked on 4/09/14, 8:35 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

You may bring a new motion to transfer the case since father has not seen the child in over two years. It is different facts. The name change would also need to be done in the county that has custody jurisdiction, so that would be Sonoma County. Has father been paying child support? Payment of child support is a factor in terminating parental rights. You might bring to terminate parental rights and change the name and in the alternative to increase child support. If he is not seeing your child he may choose the option of letting him be adopted. If you have an attorney you will only need to make one trip to Sonoma County and maybe will not need to make that trip.

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Answered on 4/10/14, 6:19 am


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