Legal Question in Family Law in California

Stepdad wants to adopt

I have a 6 year old, I was not married to the father. There is a custody order in place but we have had no physical contact in 20 months, and child support was only paid one of the six years, with one exception; apparently he worked briefly last summer, and I received a small amount of child support from the District Attorneys office. I am getting married in July 05 and my husband-to-be wants to adopt the child. Is there an �abandonment� time period after which we can move forward with adoption? I do not want to try to make any contact, I have had to obtain 3 restraining orders in the past six years, any time contact is made the harassment starts and the child is used as a pawn by father.


Asked on 2/25/05, 1:53 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Stepdad wants to adopt

In a general sense, if there has been no contact or support paid in 12 consecutive months, you can petition to have his parental rights terminated.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 2/27/05, 7:13 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Stepdad wants to adopt

This is a complex issue. You need to contact an attorney and discuss the facts of your case with the attorney. No contact or support from a parent for a period of 12 months is considered to be abandonment.

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Answered on 2/27/05, 1:43 am


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