Legal Question in Family Law in California
When Can A Step Parent Adoption Start
My 4 year old son has never met his biological father, he has never recieved child support either. Last Spring after a 6 month court battle my ex-husband was grated supervised visitation paid for by him as well as court ordered drug tests before visitation can begin. That is the last I have heard of him. In July I was married to the man who has been a Dad to my son since he was 3 months old. We would like to begin the process of adoption since my son is considered abandoned by his natural father, I would just like to know if its too early to start and also if there are any resources we can use to do it ourselves?
1 Answer from Attorneys
Re: When Can A Step Parent Adoption Start
Most counties will not investigate a stepparent adoption until the marriage has lasted one year. This is
not statutory, however, and does not prevent you from filing a petition.
The stepparent adoption process is not difficult, and can be done without an attorney. However, the portion
terminating the rights of the biological father may be more difficult and you should have an attorney.
I do not know of resources which will provide free legal counsel, but you can try legal aid. See if your employer
or your husband's employer has any legal benefits: some (especially military) do provide attorneys for adoption.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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