Legal Question in Family Law in California

Missing presumed father.

I have begun the step parent adoption process. The natural father ( named on birth cert.)has signed the release forms and I have an interview date. My problem comes from a presumed father we cannot locate. My wife's divorce from the presumed father took effect the day before my step son was born. His family is ''protecting'' him and will not communicate his where abouts to us. He has never had contact with the child or my wife in the last 11 years. What must I do to get the court to terminate the rights of the absent parent? How much looking do I have to do to show a good faith effort in trying to loacte him?

Thank you very much for your time


Asked on 12/29/04, 11:53 pm

3 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Missing presumed father.

In a general sense, you might want to consider a process called "service by publication". There are specific procedures that must be followed before you can serve someone by publication in the news paper.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Read more
Answered on 12/30/04, 10:49 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Missing presumed father.

A skip-trace should do it. However, with no contact in 11 years parental rights should be easily terminated. Call me directly at (619) 222-3504.

Read more
Answered on 12/30/04, 2:52 pm
Mona Montgomery Mona Montgomery, Attorney at law

Re: Missing presumed father.

Advertise in the last city known that the presumed father lived in and use a copy of the advertisement as proof that you have used due diligence to locate him. Ask your attorney or consult the law to determine how many days, weeks or times you have to advertise to fulfill this requirement.

Read more
Answered on 1/11/05, 10:52 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California