Legal Question in Family Law in California

Termination of Rights for Step Parent Adoption

I have a 3yr old child. I her bio. father has NEVER seen her, payed child support, or bought her anything and he is NOT on the birth certificate. I was recently married almost a year ago and my husband wants to adopt her. Can the court automatically terminate my ex's rights under abandonment or dessertion, or does he need to consent? We do not have the money for an attorney and would like to file in court ourselves. However if it needs to go to trial, we have an attorney, but it would not be for a 1-2 years before we could file. What right do my husband and I have? It is my understanding that becuase it has been 3yrs, he has terminated his own rights.


Asked on 7/06/02, 4:35 am

1 Answer from Attorneys
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Termination of Rights for Step Parent Adoption

Regardless, you must seek court approval either under abandonment or termination of the father's rights through an adoption. The passage of time alone will not terminate his rights. I suggest that you seek legal advice and if you can not afford a lawyer, contact your local legal aid society, bar association or family law court for help.

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Answered on 7/09/02, 5:59 pm


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