Legal Question in Family Law in California

step parent adoption

My husband and I have been married for 9 years. My son is going to be 13 and he has a different biological father. I left my sons dad when my son was 1. We only went to court once. I am the primary parent and we share legal custody. He has visitation. He was also suppose to pay half of daycare and provide medical and dental care. He does nothing. No child support was awarded at the time since he was not working. He spent 2 years in jail and then moved to Hawaii when my son was 4. He has only seen him a handful of times since then. In 3 years he has seen him a total of 5 days. He calls every 3 months now. No Christmas present this year. He sends no money. We asked for a name change but no change to custody and he said no. I would love to have my husband adopt him. He is his dad. He has been there every day for 12 years now. Is it even possible??? I don't want to drag my son through this if we cant make it happen. His bio dad works under the table in Hawaii and makes no attempt to do anything for his son. When ever I bring anything up he says he will get better and loves his son...but nothing changes. My son know he is loves at our home and that wont change. But I would love for my husband to adopt him for many reasons. We have always lived in California. Any advise would be great


Asked on 3/15/13, 3:45 pm

2 Answers from Attorneys
Edward McCutchan Sunderland | McCutchan, LLP

Under the laws of all states in this country your husband cannot adopt your son unless his biological father signs an agreement giving up his parental rights as to your son. I suggest that you consult with a family law attorney further as to the matter.,

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Answered on 3/15/13, 3:55 pm

Mr. McCutchan is wrong. Although that is the baseline rule, there are circumstances under which the biological father can be found to have abandoned the child if there is not enough contact and support of the child for an extended period of time. In that case the court may elect to terminate his parental rights and allow a step-parent adoption without the biological father's consent. You would need to consult with a Family Law attorney in person to see if your situation would qualify.

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Answered on 3/19/13, 1:13 pm


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