Legal Question in Family Law in California
Legal Guardianship
My ex-husband is no where to be found, living out of the country. My new husband would first like to obtain legal guardianship of the children and then later, if possible adopt them. How do we first go about obtaining legal guardianship and then later adopting?
2 Answers from Attorneys
Re: Legal Guardianship
You the parent has legal and physical custody now, so guardianship is not presently an issue. Your current husband may directly petition for adoption of your child. There are notice provisions which may be satisfied even if the father cannot be found. Please call me at (619) 222-3504 for assistance.
Re: Legal Guardianship
If the father has not had contact with nor provided support for the child for a period of 12 months, you can petition the court to terminate his parental rights.
some fathers are willing to give up their parental rights to avoid the risk of having to pay child support. If you can contact him you, it would not hurt to ask him.
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