Legal Question in Family Law in California
Termination of fathers rights
I have had full legal and physical custody of my daughter (2y/o) for 1y5m. The father is entitled to 1 hour a week supervised visites(court appointed). In August of this year it will be 2 years since my daughter has seen her father he has made no attempt to see nor has he ever paid a dime in child support that he is order to pay. My daughter is to young to remember him. I am getting married in November and my fiancee wants to adopt my daughter. My fiancee is the only father she has know and they oth love eachother. Where do I start on terminating the bio fathers rights and starting adoption? Is this even possible in Ca. Thank you so much for any info.
2 Answers from Attorneys
Reply: Termination of fathers rights
Bio dads' rights can be terminated. He may even consent ot do so as it lets him off the hook on child support.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Termination of fathers rights
It is definitely possible to terminate the biological father's rights - however, unless you know what you are doing, it may prove to be very difficult. You will need to issue a citation in order to start the process. Family code 7822 et seq allows for termination due to abandonment. You should also look to the Probate Code Section 1516.5. The father though, may actually be agreeable to terminate his rights in the knowledge that he will no longer be required to pay child support. You really should seek the assistance of an attorney.
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