Legal Question in Family Law in California

Terminate visitation rights and adopt my step-daughter

I have an 8 year old stepdaughter. My wife has primary custody. The biological father has visitations on Xmas and over school breaks, but in just about everybody's opinion, does not parent her during her visits. Each and every time my daughter returns from visits at her biological father's house, she is dirty & rundown with no homework done and shares with us that she may take one shower over a seven day period, eat ice cream for breakfast and go to bed at midnight. She often shares with us experiences she has that are inappropriate. He is a 34 year old man who runs a striptease business has recently started dating an 18 year old stripper and just revealed that he's been running 3 porn sites for the last nine months. He insists that he's sheilding these things from my stepdaughter, but I don't want her exposed even in the slightest bit to any of that. He makes an effort to see her and pays child support ($325/month). My wife and I would like to terminate his custody rights and I would like to adopt her (I consider her my daughter - she refers to me as "Dad"). Do we have a chance/grounds to win? We have the resources and are ready to take action.


Asked on 7/12/00, 9:51 pm

3 Answers from Attorneys
Michael Gray Barber & Gray, LLP

Re: Terminate visitation rights and adopt my step-daughter

Courts do not generally terminate parental rights absent extraordinary circumstances. Even abusive parents are allowed to keep their rights, although the visitation may be supervised.

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Answered on 9/08/00, 4:26 pm
Nina Gohari Law Office Of Nina N. Gohari

Re: Terminate visitation rights and adopt my step-daughter

NOT THAT EASY TO TERMINATE PARENTAL RIGHTS. IF THERE IS SUBSNTATIAL EVIDENCE OF ABUSE, NEGLECT, AND. . . THEN THE DEPARTMENT OF SOCIAL SERVICES CAN GET INVOLVED WITH THE CASE AND DO WHAT IS NECESSARY TO TERMINATE PARENTAL RIGHTS OR IF THE FATHER VOLUNTARILY WILL CONSENT TO YOU ADOPTING THE MINOR CHILD. HOWEVER, THE CIRCUMSTANCES MAY BE A BASIS FOR SUPERVISED VISITATION THEN THE MOTHER MAY FILE A MOTION LIMITING VISITATION TO FIT THE BEST INTEREST OF THE CHILD. IF YOU HAVE ANY QUESTIONS YOU MAY CALL ME FOR A FREE OFFICE CONSULTATION AT 310-839-7700

NINA N. GOHARI, ESQ.

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Answered on 9/08/00, 9:37 pm
Edward Lindley Edward Lindley, Attorney at Law

Re: Terminate visitation rights and adopt my step-daughter

As cold as this may sound, I have not read anything in your question that would be sufficient for most judges to terminate his rights, or even result in supervised visitation. You are talking lifestyle differences. You mention his visitation periods, and what homework are we talking about? It sounds like he gets vacation time. I suspect that the great majority of time the child is with you and your wife and you should be able to impart your lifestyle choices to her. Additionally, it sounds like he recognizes the inappropriateness of certain aspects of his vocation (that is the toughest hurdle) and takes steps to "shield" her from this.

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Answered on 9/12/00, 5:40 pm


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