Legal Question in Family Law in California
I live in California and released my parental rights to my first child so, his mother's new spouse could second parent adopt. This was before California law changed and second parent adoption happened automatically. I did not contest the 1st adoption. Due too unique circumstances I also consented to a second child with my Son's Mother so he would have a biological sibling. After his sister's birth the second parent happened automatically per the changes in the law. The Mother, her spouse & I have an arrangement that I am legal guardian in the event of their death. I never signed any documents releasing my parental rights for the second child. Now my children's mother is making poor choices in her life and is filing for divorce as well. I have been active weekly in my children�s lives and participate financially in their well being. I am in a stable marriage and my spouse and I both agree that when the children are with us, they are stable and thrive. Do I have any standing to petition for custody of my children too stabilize their life?
2 Answers from Attorneys
The facts in your question are difficult to follow. As I understand the facts you signed a relinquishment for a step parent adoption. Apparently there is a younger brother and sister. Your relationship to the two younger children is not clear. Once a relinquishment of parental rights has been properly executed you have no further parental rights. As to the younger children you may not have any parental rights.
More importantly you did not address where the ex-wife's current husband stands in this matter. Does the stepfather want to have custody of any of the children. It he is out of the picture, that ishe does not want to be involved in the lives of the children, then you may have a chance of obtaining custody. It will be difficult to obtain a court order for you to have custody.
The first step in your case would be to determine the following:
1. Was the oldest child adopted by the stepfather.
2. In regard to the two younger children what are the grounds for his parental claim:
i. Was the middle child born during the marriage of mother and stepfather?
ii. Is the stepfather the biological father of the daughter?
iii If stepfather is not the daughter's biological father, was she born during the marriage?
3 Review the poor choices mother is currently making. Not all poor choices by a parent are considered to be of such a nature that custody should be removed from the parent.
4. How old are the children, and do they have a preference regarding there living arrangements.
You have two options FIRST: requesting to be joined into the current dissolution of marriage case;
SECOND: file a petition for guardianship of some or all of the children.
Which of these options would be the best would have to be determined based on the facts of your case. You should gather all of the information available to you and then make an appointment with an attorney to discuss this information and your options.
If you wish a reliable legal opinion at a reasonable fee, then contact me directly.
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