Stepfather Wants To Adopt 10-Year-Old Daughter, in California
Ive been married to my wife for 6 and a half years. Our daughter since i have taken care of her for the last 6 and a half years with no contact other than child support from the biological father received in the mail from the county is 10 years old and doesn't know that i am not her biological father. How do i go about the adoption and does she have to know about the adoption. My wife has sole custody and his name isn't on the birth certificate but she has his last name.
Re: Stepfather Wants To Adopt 10-Year-Old Daughter, in California
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nswayne
Ive been married to my wife for 6 and a half years. Our daughter since i have taken care of her for the last 6 and a half years with no contact other than child support from the biological father received in the mail from the county is 10 years old and doesn't know that i am not her biological father. How do i go about the adoption and does she have to know about the adoption. My wife has sole custody and his name isn't on the birth certificate but she has his last name.
Your wife will first need to contact the father and see if he is willing to voluntarily relinquish his parental rights for an adoption. If he is made aware that he will no longer have to pay CS he'll be more likely to agree.
IF the father doesn't agree, your wife will need to go to court to try to get a court order that involuntarily terminates the father's rights. It is higly recommended that your wife hire an attorney for this because it can get complicated if the father suddenly decides to retaliate by asking for visitations.
Whether or not you and your wife tell her daughter the truth is not a legal question, rather it's a moral one. so I won't answer that part unless you want me to.
Re: Stepfather Wants To Adopt 10-Year-Old Daughter, in California
For the moral question: You think she won't wonder why her last name is changing? Studies show that a child should be told about their family history as early as age 3. From personal experience, no one wants to learn that they're adopted when they're older/adult. They tend to turn on the "liars". Seriously.