Legal Question in Family Law in California

Dear Sir or Madam,

I have a 11 year old son who I have no relationship with but paying child support every month. My ex husband is remarried for almost 10 years now and his wife wants to adopt my son which I have no problem with. I live in TX but my ex with his wife and our son all live in CA. The adoption will take place in CA. My questions are:

1. Is the consent for adoption form of California Social Services (AD2A2B) a MANDATORY USE? Or I can write it myself using my terms?

2. I don't want to use their standard form and I want to write my own. Would the court accept it?

3. I want to specify that any legal right and financial obligation will no logger be valid. Can I do that?

4. Can I waive my rights to appear in court (if there will be a hearing)?

Thank you,

Stephanie


Asked on 2/13/12, 7:52 am

1 Answer from Attorneys
Michael Schneider Family Law Center

1. The consent form, although not mandatory, is all I have ever seen used.

2. I have never seen anyone walk into court with their own consent form. If done, it will probably only serve to drag out the process.

3. As a matter of law, upon the court severing your rights, which happens at either the adoption hearing or at a hearing to terminate your rights, as a matter of law, all rights and responsibilities are severed. Nothing needs to be put in writing, as the legal presumption is automatic.

4. Yes, you can waive your right to appear, or, in many courts, you can appear telephonically.

Good luck!

Read more
Answered on 2/13/12, 9:53 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California