Legal Question in Family Law in California
I was married, but divorced my wife, we stayed at the same home after the divorced. She became pregnant by either by me, or my best friend she was having an affair with. I moved out, she came after me for child support, we settled out of court(because of the amount of money they wanted from me, was too much). I con't to visit the child for about 3 years. She since then got a boyfreind, then married him, since my child was not talking yet, now he is, she has the child call her husband "daddy", and call me by my first name, and considers me just a freind who stops by two times a week too play with him at lunch time.. She orchistrated me not as daddy or father, but some freind who just stops by. So i'm going to approach her with me relinquishing my rights as the father, and ask if her now husband, whom my child thinks is daddy, if he wants to adopt. I only see the child at my lunch breaks, at her request for the last three years, so I don't think the child will miss me at all. My question is, how do i go about this? Also if she says no, I need to take her to court for legal real visitation rights and blood test (which she refuses to let me have), and let him know who his father is.. If the state of California, do you have to go to court for "relinqishing rights"? and must someone be there do adopt?
2 Answers from Attorneys
Yes, the situation you are describing would be a step-parent adoption that is done through Juvenile Court. If you need further information about step-parent adoptions, you can visit our website at www.familylawsandiego.com.
The out of court settlement needs to be reviewed and any order if a petition had been filed. Contact me directly.
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