Legal Question in Family Law in California
Hello, I have a question about parental rights. I got divorced about 5 years ago, and in the divorce, I was awarded sole legal & sole physical custody of my daughter. My question is, if my new husband wants to adopt her, can he with only my consent? When I was awarded sole custody, does that mean that her biological father has no parental rights? (we are in the process of filling out stepparent adoption forms).
thanks!
2 Answers from Attorneys
No. Child custody orders can be modified at any time there is a change in circumstances up until the child turns 18. Therefore it is VERY different from a termination of parental rights.
The child has a right to a relationship with the bio father unless terminated by the court. Your current visitation plan controls contact between father and child. Step parent adoption requires a parental right petition to terminate and a step parent adoption petition. This area of the law is complicated. Please meet with an experienced family law attorney to explore your legal options.
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