Legal Question in Family Law in California

Family Law

Me and my husband have been together for 5 years and I have a 7 year old son who he has raised since he was 2 years old. His biological dad pays me child support but has had never seen him or wanted anything to do with him, but he wont sign his rights over so my husband can adopt him. If I were to die what can I do legally so that my son goes to my husband and not his biological dad. I do not have full custody. What can I do?


Asked on 9/30/08, 1:46 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Family Law

Prepare a will naming your husband as the guardian of your son. California currently has a code section that allows the court to give custody of a child to a third party who has cared for the child, as a parent, for a substantial period of time. Many family court judges are becoming more sensitive to the child's needs. The only way to be certain would be an adoption.

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Answered on 10/05/08, 2:43 pm


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