Legal Question in Family Law in California
Step child adoption
Husband seeks advice on adoption of step child.Wife divorced in Ca.{1988}, joint custody of child.Paternal father's whereabouts unk. since 12/89, no est. contact written or verbal.Married since 8/94,I have been child's acting father figure for 10 yrs. Nevada resident,home owner with steady employment.How to proceed?
2 Answers from Attorneys
Re: Step child adoption
This is a fairly simple process. The Mother would need to file a petition to terminate the parental rights of the natural father due to his abandonment of the child. Once the petition has been approved, it is relatively easy to petition for you to adopt this child.
If you are in Clark County, I hope you will call me for an appointment to start this. Although both the termination and adoptions are fairly simple procedures, there are some tricky aspects that could cause some problems unless done correctly.
Re: Step child adoption
Since you do not know where the natural father is right now you will have to terminate his parental rights by publication. This involves filing a Petition to Terminate Parental Rights in Family Court and getting the Judge to sign an Order for service of process by publication. The Judge may make you mail the Petition to the father's last know address as well. 20 days after the last date of publication the matter can be put on calendar for prove up. Once the Order terminating is entered then you can file a Petition for Adoption. Since there is no father it will be easy with the mother's consent. You will put it on calendar early in the morning and the Judge will approve the adoption in chambers.