Legal Question in Family Law in California

Termination, Adoption and Non-oaid Support.

Wife divorced her ex in '92, married me in 94. I have two stepkids (rom wife) son 12, daughter 17. Biodad's shown no interest in the kids for 8 years, Hasn't visited, no child support, not even a birthday phone call. Recenty daughter, without us knowing,''found'' biodad and snuck a short visit. Biodad now sends both kids emails saying he wants to see them,will seek them money and wants sneak metings with both kids. Kids aren't interested. Can he force visitation after history? Can Werminatgehis rights? (I'd adopt) If so,can we collect the (substantial) back child support? Is this a do-it-yourselfer? We'd like biodad gone, and back support for college. What say the lawyers? We live in Santa Clara Cnty. Divorce filed in San Mateo.


Asked on 8/31/01, 3:55 am

3 Answers from Attorneys
Adam Gurley Law Offices of Adam N. Gurley

Re: Termination, Adoption and Non-oaid Support.

If he went to court, biodad would probably be awarded some visitation, fairly limited however. He could not force the kids to visit him if they did not want to. As to the back child support, was this ordered in the judgment? As to adoption, you would need his consent. If you want to talk about the case further, give me a call. Adam N. Gurley, 415.334.8439

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Answered on 10/01/01, 12:25 am
John A. Giffen Law Offices of John A. Giffen

Re: Termination, Adoption and Non-oaid Support.

This is definitely not a do it yourselfer. I am not a family law attorney any more but you need to consult with one right away. The fathers rights could be terminated if you want to adopt your step kids based on failure to support or communicate with the children. However his continued sneaking back into the childrens lives could thwart that if you dont act promptly. You would contact an adoption attorney for that.

Back Child support if ordered by the court is always enforcable if you can collect it. contact the child enforcement division of Childrens services and get their help in collecting it.

John A. Giffen

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Answered on 10/01/01, 12:06 pm
Tracy Duell-Cazes Law Offices of Tracy Duell-Cazes

Re: Termination, Adoption and Non-oaid Support.

You need to immediately contact an attorney to start dealing with this. You can do a step-parent adoption if he agrees. If he doesn't your first step would be to file for a termination of his parental rights.

You can contact my office at 408-287-8484 for a free one-half hour consultation where we can discuss your issues in more detail and in privacy.

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Answered on 10/01/01, 2:14 pm


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