Fort Bragg, CA asked in Adoption, Child Custody, Divorce and Family Law for California

Q: Can a bio parent give their 50% custody to a step parent?

Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?

3 Lawyer Answers
Mike Darlington
Mike Darlington
PREMIUM
Answered
  • Divorce Lawyer
  • Shingletown, CA
  • Licensed in California

A: No

Rossana Pilar Mitchell
Rossana Pilar Mitchell
Answered
  • Divorce Lawyer
  • Chino Hills, CA
  • Licensed in California

A: Yes through adoption process

Chris M. Bradford
Chris M. Bradford
Answered
  • Divorce Lawyer
  • Santa Monica, CA
  • Licensed in California

A: I agree that this can be done through adoption. But adoption must be approved by the court after a request for the adoption has been filed with the court. Think carefully about this because in order for the adoption to go through, the biological parent must give up his or her rights. That even includes visitation rights with the child/children! Once done, it can't be reversed.

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