Legal Question in Family Law in California
Husband wants to adopt 18 month old daughter
My husband wants to adopt my 18 month old daughter. Her biological father pays court ordered child support but does not see her. He has not seen her since 12-99. I am almost positive that he will not contest the adoption just to get out of the responsibility of support. My daughter does not know anyone other than my husband as daddy. We need the most inexpensive and easiest way to go about this. Thank you.
2 Answers from Attorneys
Re: Husband wants to adopt 18 month old daughter
A step parent adoption in California is very easy and quick if the father will consent to the adoption. I can prepare the paperwork for you to do your own adoption for about $500.00 However the state charges and investigation fee on a sliding scale up to $700.00. I believe the fee is 0 is you make less than $20,000 household. slinding scale from $20,000.00 to $40,000. and over $40K its $700.00. They can waive the fee if it will create a hardship on the child. Why not talk to the father and tell him you will adopt the child and he will no longer have to pay child support if he pays for the adoption costs? That way he has incentive to pay and cooperate. I do them that way alot. He doesnt want to continue paying support for a child he never sees. If he wont cooperate you would incurr additional costs to file a termination of rights which the court would probably grant because he hasnt seen the child. Call me toll free at 1-800-955-9504 for a free consultation by phone. John A. Giffen
Re: Husband wants to adopt 18 month old daughter
The previous response contains some pretty solid advice! A document preparation service might also be helpful. Step-parent adoptions are easier than most procedures to do on your own. Be aware, however, that all child support from the biological father will stop when his rights are terminated, as well as all inheritance rights, and your husband will be considered her father for all purposes from here on in. Be sure your marriage is 100% rock-solid before proceeding, because he would be able to make a custody claim after the adoption. It's a big step.