Legal Question in Family Law in California

My son's biological father has been absent from his life for a year. My son is currently three and my new husband wants to adopt him. We have tried locating him for child support and tried getting him served through the Los Angeles County system but he is avoiding service. Can my husband adopt him without the biological father consent?


Asked on 1/17/11, 1:58 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

This answer should not replace the legal advice you should seek in an office consultation with an attorney skilled in California Family Law.

A step parent adoption may be proper in this case. However the biological father may fight the adoption by claiming inability to see the child due to frustration of his visitation. When you file for the step parent adoption, the biological father must be properly served your petition and related pleadings.

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Answered on 1/24/11, 7:59 am
Arlene Kock Law Offices of Arlene D. Kock APLC

This answer should not replace the legal advice you should seek in an office consultation with an attorney skilled in California Family Law.

A step parent adoption may be proper in this case. However the biological father may fight the adoption by claiming inability to see the child due to frustration of his visitation. When you file for the step parent adoption, the biological father must be properly served your petition and related pleadings.

Read more
Answered on 1/24/11, 7:59 am


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