Legal Question in Family Law in California
Step-Parent Guardianship
My wife and I have been married about 2 1/2 yrs. She has a 4 1/2 yr old we are raising (w/ me as only dad he has known). The natural father is in prison (2 1/2 yrs into 15 to 25 no contest plea to 2nd degree murder)
He has refused to consent to adoption, what other options as to guardianship or custody (if something were to happen to my wife) do I have.
Thanks for your help,
1 Answer from Attorneys
Re: Step-Parent Guardianship
You may not need his permission to adopt. You can terminate his rights by serving him with an abandonment in Prison. Was she married to him, Is he on the birth certificate has he paid support in the past year, has he communicated with the child in the past year. If not he has abandoned the child and can be terminated.
Guardianship doesnt help while your wife is alive. She can request you being appointed as guardian of the child if something were to happen to her. You do have rights with the child as a step dad and the court would certainly have preference to you over someone in Prison for Murder. You could also terminate his rights on the basis of a felony conviction that would prevent him from bonding with the child for a reasonable time. I would not leave it to chance Terminate him now and get him out of the pciture.
John A. Giffen
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