Legal Question in Family Law in California

Can my husband adopt my son? His father has 3 violent felonies, no job, no home. It is about to be a year since he's been out of prison, and he hasn't made any progress.


Asked on 7/16/14, 2:04 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Hey stepparent adoption would require a petition for stepparent adoption and a petition to terminate parental rights. This area of law is quite complicated. Please meet with an experienced family law attorney to explore your legal options.

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Answered on 7/16/14, 2:23 pm

The first question is whether the biological father will object. If not, then absolutely yes your husband can adopt his step-son. If the father is going to object it becomes much more complicated. Adoption by your husband requires termination of the bio-dad's parental rights. That is not something that the courts do lightly or easily. Essentially it requires that the bio-dad be found to have abandoned the child or to be completely and irredeemably unfit to be a parent.

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Answered on 7/16/14, 3:03 pm


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