Q: Is it possible for step parent adoption, if the biological dad refuses
I have full legal and physical custody of my 5 year old son. The father has supervised visits every weekend, but continues to only do every other weekend. He is a 5 time career felon and 2 strike offender and barely met his son in November. Can my husband adopt my son without the fathers consent?
A: The biological father does not necessarily need to consent to the adoption. Prior to any adoption, the biological father's parental rights must be terminated. If it can be shown that the bio dad meets the requirements for termination of his rights, his consent is not needed. His rights will be terminated and the adoption can proceed.
You should discuss the specific facts of your case with a family law attorney who handles adoption cases to determine whether or you this matter should be pursued..
A: You'll need to move in court to terminate the dad's parental rights first before any adoption can happen, and that is no easy feat. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.