Legal Question in Family Law in California

Re: Terminating Parental Rights

There is a family code section that applies to step parent adoptions. Step parent adoptions are relatively simple. Contact the Santa Clara Department of Social Services and obtain a petition for step parent adoption. The prepare a petition to terminate father's parental rights.

Father may relinquish his parental rights to avoid the necessity of paying current and child support arrears, if any.

Re: Terminating Parental Rights

You did not say if you are now married to someone else. You cannot terminate fathers rights unless someone else is going to adopt the child. The right to support belongs to the child. You need to file a petition for adoption with your new partner and the father can then voluntarily relinquish his rights. The form depends on what his status with the child is. Were you married to him? Is his name on Birth certificate? Has he ever paid support? Have you received AFDC support from the county for theses children. Please email me your answers to these questions and I can better advise you how to do it. It is possible to do it yourself but it is a complicated procedure. You can get the forms from the Adoption dept of the Superior Court in your county.