Legal Question in Family Law in California

Third party adoption w/supervised visitation by absentee parent

My husband's daughter is having serious difficulties adjusting in our families and is, we feel threatening the family structure with various accusations. We are also concerned about her well-being. She has undergone traumatic events in the past and we no longer feel qualifed to parent her. My husband has full legal/physical custody and her mother has the right to supervised visitation which she has not exercised since the court order was established over a year ago. The mother did see Jaime once while she was visiting her grandmother. We would like to place her in a good home where she can have a chance. We do not simply want to remand her to her mother's care. She has been shown to be an unfit parent on numerous occasions. We have an interested third party who is responsible and would provide a loving home for her. Your advice please?


Asked on 5/08/03, 3:36 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Third party adoption w/supervised visitation by absentee parent

Your proposal is plagued with numerous problems. Placing the child with a third party would invite mom to request custody. A nasty custody fight would be required to prevent her from regaining custody of the child.

Further based on your description of the child she needs professional help. If a loving home was adequate then it would seem that your home should qualify. That situation would also support the position that father and step mom are just trying to get her out of the house.

You need to discuss the status and needs of the child with a professional and then consult an attorney to discuss the options.

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Answered on 5/11/03, 3:33 pm


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