Legal Question in Family Law in California
Step-parent Adoption
My daughter's bio father does not keep in contact with her at all, he does however pay child support. I have been married now to her step-father for about 9 years now and we would like to have him adopt her. I have never been married to her bio father and she has always lived with me. As far as legal custody we never went thru any court system when we seperated. Do I need to have sole legal custody of her? and how would I go about having my husband adopt her? as well as obtaining sole legal custody? NV
3 Answers from Attorneys
Re: Step-parent Adoption
If the bio-father does not agree to allow the adoption and if there has been no contact within the last two years, you may move to terminate parental rights in family court, obtain full legal custody and then move for adoption in probate court. Call me directly at 16192223504 for assistance in this somewhat involved matter.
Re: Step-parent Adoption
Often father's in this position are more than willing to relinquish their parental rights to stop the child support payment. Ask him and explain that this will eliminate the on going child support. Your statement indicates that their is not a court order for either his partenity or payment of child support. If he is willing to relinquish his parental rights then you can file a petition to establish paternity and set child support. Before doing this run a child support calculation for child support and determine how much he will be required to pay. If the projected child support is substantial, this will give him even more encentive to relinquish.
Re: Step-parent Adoption
An adoption would require the consent of the bio-dad. It won't hurt to ask and he will no longer need to pay child support. With his consent you can go forward with the step parent adoption. If he doesn't consent move forward to have child support set at current guidelines. I bet that he would then give his consent. Gool luck, Pat McCrary