Legal Question in Family Law in California
My son's father and I were never married, and I am now engaged to someone else. My son's father and I have 50-50 legal custody, and 70-20 physical custody (I have primary physical). My fiance wants to legally adopt my son, and I want to change his last name to match ours. Is this possible?
5 Answers from Attorneys
Only if the biological father consents to the step parent adoption.
I agree with Ms. Kock. Unless there are grounds to strip him of parental rights, such as criminal abuse or neglect, it is virtually impossible to do a step parent adoption without the other bio parent's consent.
Both Ms. Kock and Timothy are correct. Without the agreement of the biological father, there will be no stepparent adoption. It doesn't sound like there will be such an agreement since you share legal custody, and he does have a visitation plan with the child.
BARRY BESSER
www.besserlaw.com
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