Legal Question in Family Law in California
Hello, My daughter is 13 years old and I presently have joint child custody with my ex husband. I remarried when my daughter was 10 months old. My ex-husband has had little to no contact with her over the last three years. Last year we were faced with not being able to travel out of the country due to that fact he has joint legal custody and refused to have a document notarized allowing us to take our vacation. In July 2014 we list contact with him and believe he has moved out of the state, Is no longer making child-support payments via garnishments. My question is can her stepfather of 12 yrs gain legal joint custody with me but my EX retain visitation rights and child support obligation? I don't want To deny him visitation rights nor deny my daughter child support.
Thank you.
1 Answer from Attorneys
What you are suggesting is a hybred of a custody order and a step parent adoption. If father surrenders his parental rights, his obligation to support the child ceases. Please review your current orders with an experienced family law attorney.