Legal Question in Family Law in California

step parent adoption

I have been a full time step- mother for over four years. The biological mom lives in the midwest and has lost physical and legal custody of our children due to alcoholism (my husband has full legal and physical custody). She sends $100 total in child support,as court-ordered, for both children. She also contributes $20 per month, of her own volition, to help pay for braces. Her phone calls are sporadic, she hasn't visited them in four years (she has monitored-visitation rights in California), and she sends Christmas/birthday presents. My husband and I are concerned about what would happen if he should pass away. What is the possibility that I could adopt them? She would not agree to an adoption. What kind of legal case would we have for adoption? If not adoption, is there any way for legal and physical custody to pass on to me, in the event of his death? Thank you very much!


Asked on 8/10/06, 4:06 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: step parent adoption

It is unlikely that you can have her parental rights terminated based on abandonment as she is providing for them. Your chance of getting custody of the children will be improved if your husband prepares a will and names you as the guardian of the person of the children. Because of the complexity of this matter and its imprtance you should consult with an attorney and fully discuss your options.

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Answered on 8/24/06, 11:06 pm


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