Legal Question in Family Law in California
family law
I have a four year old daughter from a previous marriage and have been married to my current husband for over two years. My husband has carried my daughter on his health insurance for the entirity of our marriage and has financially supported her also. We would like him to adopt her, as he is the only father she knows now. Her bio-father has not tried to contact her in over a year and has not paid his court-ordered child support in the same amount of time. He has not had insurance on her in over 2 years even though the custody papers required it. What are the odds that a judge will terminate his rights?
2 Answers from Attorneys
Re: family law
It is within the discretion of the judge. I have seen rights terminated after two years of no contact. You may increase your chances of success by being represented. Contact me directly.
Re: family law
Your statement of facts meets the state definition of abandonment. However, rather than going to court to have his parental rights terminated, ask him to sign a relinquishment of parental rights. That in return you will forgive any unpaid child support and that he will be released from future child support payments. If that does not work then you can go to court to request termination of his parental rights.
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