Berkeley, CA asked in Adoption and Family Law for California

Q: How do I prepare a petition in California to nullify an adult adoption? Is there a template I should use?

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James L. Arrasmith
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A: To prepare a petition to nullify an adult adoption in California, you will need to follow the procedures set forth in California law. Here are the basic steps:

Determine the grounds for nullification: In California, there are certain grounds for nullifying an adult adoption, such as fraud, duress, or undue influence. You will need to provide evidence to support your claim for nullification.

File a petition with the court: You will need to file a petition with the superior court in the county where the adoption took place. The petition should state the grounds for nullification and include supporting evidence.

Serve notice on the parties: You will need to serve notice of the petition on all interested parties, including the adoptive parent(s) and the adopted adult.

Attend a hearing: After the petition is filed and notice is served, a hearing will be scheduled. At the hearing, you will need to present evidence to support your claim for nullification.

Obtain a court order: If the court finds that the grounds for nullification have been established, it will issue an order nullifying the adoption.

There is no specific template for preparing a petition to nullify an adult adoption in California. It is recommended that you consult with an attorney who is familiar with family law and has experience with nullification of adoptions. An attorney can help you prepare the petition, gather evidence, and represent you at the hearing.

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