Legal Question in Family Law in California

Do paternal rights expire?

I have a 16 month old son whom I was pregnant with when I married my husband. He is not biologically his father but of course is legaly and has taken full responsibility. Is there a time frame in which if the biological father has no communication with the child that his rights will expire? Or is he able to decide he wants to be involved someday and he can get some form of custody. I haven't spoken with him in over a year and want to make sure he doesn't decide to ruin a perfectly happy family. Thanks!


Asked on 4/26/09, 1:31 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Do paternal rights expire?

I assume you put the biological father on the birth certificate? If so, you have acknowledged him as the father, but absent a paternity action in court for custody and visitation, he hasn't established his rights. You could, therefore, if he has had no contact, provided no support and your husband wants to be the father, file and action to terminate his parental rights and do an adoption by your husband. This only has to have been true for a minimum of 6 months, but the longer bio dad delays, the more likely it is you will succeed.

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Answered on 4/27/09, 5:36 pm


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