Legal Question in Family Law in California
I have a five year old stepdaughter who I have raised since she was four years old. Her biological dad has had no contact or sent any support in that time. He now wants to see her? Do I have to let him even though he is so far behind on his child support payments?
2 Answers from Attorneys
Your question raises several issues: (1) Before you let him see her, I'd insist on going to a therapist for reunification therapy; or (2) if you want to adopt her, if more than a year has passed without contact or support from her father, you can terminate his rights as a father, and then adopt her. You need to think about these issues, and contact an attorney. The father probably won't agree to therapy if that's the route you want to go, so you may have to file with the court to make that a condition of visitation.
As a step parent you have no standing to object. These issues are between the biological parents. Until parental rights are terminated, a biological parent has a right to have contact with his child, no matter how much child support has not been paid.
A step aprent adoption will relieve the biological parent of the obligation for child support, and in soem cases the biological parent will agree to the adoption because of this. You need to consult with an attorney.