Legal Question in Family Law in California

I would like my new husband to adopt my daughter. I filed child support papers over a year ago & her "biological father" was "served" twice but he never contacted them or did anything about it. He does not and will not have a legit job so he cannot be tracked down. He has never seen my daughter, tried to contact me, or sent a penny. He does not want to be a part of her life but I can not track him down for him to sign away his rights. I just canceled the child support order. She is almost 18 months old and needs to be able to be adopted my military husband so she can recieve the medical and other benefits. My daughter has my last name and there is no name on the birth certificate in the father section. So I guess my question would be how do I go about my husband adopting my daughter legally and easily? Is there a way?


Asked on 9/14/10, 2:10 pm

1 Answer from Attorneys
Dominique Thieu Thieu Virtual Law Group

Generally, you would need the biological father's consent. However, in your case, you need to prove abandonment (e.g., failure to provide financial support, etc.). You just need to show to the Court that you tried serving biological father at the last known address. If the Court does not accept that, then you should request for service by publication.

For more information, check out: http://www.courtinfo.ca.gov/selfhelp/family/adoption/stepdpadoptforms.htm

Read more
Answered on 10/08/10, 2:10 pm


Related Questions & Answers

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