Legal Question in Family Law in California

My sister wants me to adopt her 2 year old child because she knows I can provide everything for her that's needed and give her a good life. The baby's father (who is not on the birth certificate) is saying no. The only tie he has with the child is 1 piece of paper which is a child support paper for child support money he hasn't even paid except for maybe one time. He has a criminal background, works under the table but does not give any of that money to his kids, he lives in his mom's house, and doesn't even take care of his kids when they visit him, his family always does it but they only get involved for the fun side but the second the kids get cranky he starts yelling, and hitting the kids and returns them to my sister because they "don't want to deal with crying kids".

My background is I am a retired veteran of the United States Army as well as my husband. We have our own home, vehicles, pay our bills, have full coverage medical insurance, etc.

So my question is... How do I go about adopting my niece? Does he have any say so? Will a judge look at him and me and decide what's best based off who can provide for the child or does he automatically get the child just because he's the sperm donor?

Mind you they live in California and I live in Texas.


Asked on 6/06/16, 6:58 pm

1 Answer from Attorneys

You state that he is responsible for child support payments. Thus, the court must legally recognize him as the father somehow. Therefore, he is entitled to notice of the adoption. He may very well contest it. I am unable to determine whether the adoption will be approved or not.

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Answered on 6/07/16, 7:48 am


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