Legal Question in Family Law in California
What if he tries to fight for custody?
My son will be five in June and his biological father has never been a part of his life. The first time that he ever saw him was September of 2004 when I asked him to sign of his rights and he suddenly felt quilty, that lasted for about three weeks. I December I called and told him that it was wrong that he did that and he called to say that he would sign off his rights but then never heard from him again, doesn't even answer his phone when I call. He isn't on the birth certificate, wont take a paternity test, doesn't pay child support and his family doesn't even know that the child is alive, he wont tell them. I'm not sure if I should go after child support or have the courts terminate his rights. If he tried to fight it could he possibly win anything? I don't want my son stuck in the middle of a battle and he thinks of my husband as his father, he doesn't even know who his biological father is; even when he meet him. Any advice would help, I'm confussed on what to do. I just want my son to continue to be safe and happy.
3 Answers from Attorneys
Re: What if he tries to fight for custody?
If your child regards your husband as his father and your husband is willing to adopt, then it really is a no-brainer.
You should ask the father to agree to sign a consent to adoption form so that your husband can adopt. If the father won't agree, proceed anyway. You certainly appear to have a strong case. A bargaining point for you may be father's liability for child support which would terminate upon the adoption.
You should know, if you file for support in family court, his knee-jerk reaction will probably be to file for visitation and he may well be successful - albeit on a "stepped-up" or "phased-in" basis. In any event, you should utilize the services of a competent attorney to assist you.
If you wish to speak with us please feel free to call us at 562/601-8133 and ask for Pam. Pam will be more than happy to speak with you regarding this matter.
Regards,
Damian Nolan
Re: What if he tries to fight for custody?
You can have his rights terminated per filing a petition and a OSC hearing. Call me directly at (619) 222-3504.
Re: What if he tries to fight for custody?
If your husband wants to adopt your son that would be the first step. I assume that the bio dad will sign off on the adoption, if he doesn't you will need to bring an action to terminate his parental rights, which is one more step. While that would mean your son will learn that his Dad was not the bio father, the younger they are the less explanation that they will need and some day he will be able to do the math and figure it out by himself. Good Luck, Pat McCrary
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