Legal Question in Family Law in California

So super long story as short as possible. Ive raised my kids on my own since they were born 12yrs now..My ex husband(bio dad) was abusive physically and emotionally to my daughters and I..I have been in and out of court for the last 11yrs. Restraining orders..(he was periodically given monitored visits)..breifly had a court appointed lawyer to kids...U name it..went through it. My kids have been raised, loved and cared for by myself and their step dad for 10yrs (we're not married, but been together exclusively 11yrs) --Kids had a brief break from bio dad when he moved away for 5yrs and had no contact or attempts to contact my kids. He's back now and we went back to court--Kids are adament about not seeing him. Judge gave him last chance with kids with 5 monitored visits w/a therapist. He "forgot" to show up to the first visit and all the others went the same..--Kids upset and repeatedly telling him they want nothing to do with him. He finally agreed to leave them alone and let them come to him when they wanted on their terms but he refuses to terminate his rights. My kids step dad wants to adopt them--and thats what they want. I have full legal and physical custody and Bio dad refuses to pay regular child support. What do I need to do and what are my chances @ going to court and getting his rights terminated so Step dad can adopt them? (fyi. kids don't refer to him as step dad..they refer to him as their daddy). Besides my kids desperatly wanting to be adopted--One of my main stresses is if something happens to me--legally how do I protect my kids and make sure they stay with the only family they've known?


Asked on 4/06/11, 11:35 pm

1 Answer from Attorneys

Your chances are almost zero as long as you and "step dad" are not married. I'm not even sure if unmarried couples can adopt at all, but I'm sure no court is going to involuntarily terminate a father's parental rights to do it. Your concerns about what would happen if something happened to you are very valid. So the bottom line is you and "step dad" need to take a long hard look at your lives and your future and your kids future, and make a decision.

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Answered on 4/07/11, 9:45 am


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