Lancaster, CA asked in Child Custody and Family Law for California

Q: Can I terminate my child’s father’s parental rights without having someone to adopt her (stepfather adoption)?

The biological father has been out of the picture since 2018 because he has been in and out of jail. He keeps getting deported and comes right back breaks the law gets convicted, serves his time and gets deported again. This has been his pattern since 2017 but he has been completely out of her life since 2018 and has never paid child support. His criminal history has anything from DV, transportation of methamphetamines, possession of a silencer and arrest for pews and lascivious acts with a minor and molestation of a child under 14 and kidnapping.

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1 Lawyer Answer
Ms. Renee Marcelle
Ms. Renee Marcelle
  • Divorce Lawyer
  • San Rafael, CA
  • Licensed in California

A: Mom, on the facts stated you have mentioned the 2 criteria for the termination of Parental rights. Lack of contact with the child and lack of any support.

A person willing to step into the shoes of bio dad is totally unnecessary.

The in and out of jail fact may mitigate against a termination of rights, but I would need to know more of the case facts to weigh in.

1 user found this answer helpful

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