Legal Question in Family Law in California
steparent wants custody
my ex has never done anything for our 6 and 7 year old daughters. he also has two other children from a previous realtionship that he does nothing for. throughout their life he has been in and out of prison and on drugs. he has probably given me a total of $700 throughout the years. he will insist on seeing them, only to promise them more visitations and then dissapear for 6 months or so and has now moved to another state. Yet he believes that he is a great father and i doubt that he will want to give up his rights.
my husband of five years has raised them with me, has been completely responsible for them and is the only father they've really known.he would like to adopt them and give them his last name. i worry that if something were to happen to me, he would have no legal right. is it possible for him to adopt them even if my ex doesnt want to give up rights?
1 Answer from Attorneys
Re: steparent wants custody
If he does not have contact with and does not provide support for the children for 6 months you can file a petition for a step-parent adoption. Retaining an attorney would be advisable.