Legal Question in Family Law in California
My wife and I are going through a divorce and we have two minor children that I know will be provided child support and still have both parents. Before the divorce process began, my wife and I were planning to adopt three children from foster care and even filed an adoption request and application with the family court. Since the divorce filing, however, the adoption was put on "hold" by the county child protective agency. Now surprisingly my wife plans to adopt the children separately and on her own, and the county has mailed me a "consent of spouse" waiver that they have asked me to sign in order for my still, current wife to adopt the three children independently, without me.
What legal consequences do I face by giving my consent to her independent adoption? (Child support, estate, etc.) What legal rights would have with such a consent? (Visitation? Is my name on the children's new birth certificate as their father? etc.)
1 Answer from Attorneys
If you adopt, they will be your children and you will be responsible for the support. If she wants to adopt and thinks she can afford them, you could consent to adoption as long as she waives the child support for those children. Enter into an agreement with her through attorney. Otherwise don't consent to the adoption.