Legal Question in Family Law in California
parental rights
I want to adopt my 7 year old step son. His mother (whom adopted him at birth along with my husband) is currently serving 14 years in prison for voluntary manslaughter in the death of his then 4 year old sister by suffocation. She is not happy that my husband divorced her and moved on and definitely not willing to consent to my adopting him.
One extra note. My adopted daughter, who is now 14, turns out to be the biological sister of my step son and his murdered sister.
How can I adopt my step son and make sure he has a viable parent in case of his father's death?
Thanks!
1 Answer from Attorneys
Re: parental rights
You should contact the department of social services and an attorney. To adopt would require that the mother's parental rights be terminated. The fact that she has been convicted of the killing of an older sibling will help convince the court that her parental rights should be terminated. Right now your husband should prepare a will that appoints you as the boys guardian.