Legal Question in Family Law in California
My husband and I are planning to divorce. One of our daughters is from a previous marriage and her father passed away. My husband has been her step dad most of her life , she is 12. We want to do a "step-parent" adoption (I do want him to adopt her). If we didn't.. would he no longer be her step dad, once we divorce and no longer have any legal ties to her. Nor be able to make any legal decisions for her .
Arleen
1 Answer from Attorneys
You are correct. Unless he adopts her before you divorce, he will have no legal or familial connection to her, no rights to decisions, and also no support obligations. She would just be another kid in the world to him from a legal standpoint. So if the two of you want all your children to be on equal footing in the eyes of the law, you need to complete the adoption before filing for divorce.
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