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  1. #1
    Join Date
    Feb 2007
    Posts
    2

    Default Adopting Fiance's Daughter

    Hello everyone,
    I'm new to the forum here and had a few questions. I want to adopt my fiance's daughter and I am pretty sure he will contest which means I'm looking at having his parental rights taken away, or rather fighting to have his rights taken away so I can adopt.

    The bio-father currently lives in a different state than I do, I live in California. The child(don't like using names) is 5 yrs old, and the mother(my fiance) has full parental custody, while the bio-father has limited visitation rights. Even though he has visitation rights, he has not exercised those rights in over a year, and he until just recently had not even attempted to contact my fiances daughter in over 6 months.

    1. What is the California state law concerning termination of parental rights?
    2. How long do we have to be married before I can file for stepparent adoption?
    3. Can my fiance place my name on the Birth Certificate after we are married, or even before?
    4. Can I start the paperwork/court filings now(or after we get married) and have a lawyer step in later if I get bogged down with the process?

    Any help would be greatly appreciated. If I left out any vital information please let me know and I will give you what I can.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Adopting Fiance's Daughter

    1. If he won't consent to the adoption you can attempt to prove that his rights should be terminated on the grounds of abandonment or willful failure to support. If paternity has never been established, you may also be able to convince the adoption court that termination of his rights is in the child's best interests. If the petition will be opposed it is a good idea to get legal help.

    2. There's no time requirement.

    3. If you succeed in adopting the child you can seek to amend the birth certificate. This would be under the procedures of the state where the birth occurred.

    4. There's no reason why you can't get everything organized in advance of the marriage.

  3. #3
    Join Date
    Feb 2007
    Posts
    2

    Default Re: Adopting Fiance's Daughter

    Thanks for the reply, I will certianly be looking for legal help when it comes to the termination of his rights. Termination of his rights is the part that seems the most "scary" to me. The more counsel I can get from someone who knows the law would be in the best interest of my future daughters best interest.

    Thanks again for the information.

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