Legal Question in Family Law in California

Re: Parental rights to an unborn child in regards to moving out of state

Do not name him on the birth certificate and he will not be the presumed father. But think about this for a moment. Once the child is adopted, you give up your right to collect child support forever. Do you really want to do this? As the bio father is not the presumed father, he will have no rights unless he brings a paternity action, in which case the court will order him to pay child support. By adopting the child, you and your new husband are giving the bio father a merry Christmas present in an amount far exceeding $100,000. My suggestion to you is to make sure the bio father pays your attorney fees for the adoption. An interesting question arises whether you can require the bio father to pay you additional money for releasing him from his obligation to pay child support. Normally one cannot pay someone as consideration for an adoption. But you should at least have all your medical and other related expensnes covered. Another option is to not do the adoption and just do nothing for 3 years, then get child support. The bio father will not be able to get any realistic custody due to abandonment. This is probably the best way to really stick it to him. You and your new husband will be able to enjoy extra child support income each month while having full or close to full custody of the child goldmine.