Legal Question in Family Law in California

I was married recently and my husband wants to get legal custody of my son. Whos biological father is not around nor ever has been in his life. How do I go about getting custody for my husband?


Asked on 12/01/11, 2:38 pm

5 Answers from Attorneys

Step-parent adoption. You will have to get the bio-dad's consent, or prove you cannot locate him, however. Since he is otherwise on the hook for a lot of back child support, he may be very happy to cooperate.

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Answered on 12/01/11, 2:43 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Your current husband should petition to adopt your son.

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Answered on 12/01/11, 2:44 pm
Michael Schneider Family Law Center

Yes, a step parent adoption is the correct answer. But, you can terminate the bio-father's rights pretty easily if he has not been involved in the child's life. Better to do this with an adoption experienced attorney. Good luck!

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Answered on 12/01/11, 10:44 pm


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