Q: Can I request mandatory visitation if consenting to son's adoption in CA?
My child's mother has requested my consent for her spouse to adopt my son in California. My son was unlawfully taken by her from Nevada, and she successfully petitioned for full custody in California. Attempts to contact her over the years were ignored. They have filed an adoption petition, and a hearing is set for two weeks from now. I want to ensure I have mandatory visitation for one week every summer if I am going to consent to the adoption; otherwise, I would like to ask for the adoption to be dismissed. Do I have the right to ask for this stipulation? I have no existing court orders from Nevada, nor legal representation. I can provide screenshots of unanswered attempts to contact her.
A: You are either consenting to the adoption or you are not. Once the child is adopted by the step-Dad, you will lose your parental rights and lose your right to make any demands including for visitation. If you don't want that to happen then you should contest the adoption. In some jurisdictions you can do an "open adoption", where you remain in contact with the minor child, but Mom and step-dad do not have to agree to that.
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A:
In California, when you consent to an adoption, you generally give up your rights to future contact or visitation with your child unless certain conditions are met. Adoption legally replaces the birth parent's rights with those of the adoptive parent. However, you can request that visitation be included as part of your agreement to consent, but it is ultimately up to the court to approve any such stipulations.
You can bring up your desire for mandatory visitation in the adoption proceedings, but it’s important to know that it may not be granted automatically. California law tends to prioritize the best interests of the child, and the court will likely focus on whether visitation is in the child’s best interests, especially considering the length of time your son has been away and the bond he has formed with the adoptive parents.
Given that you don’t have any existing court orders from Nevada or legal representation, it would be helpful to consult with an attorney who can guide you through the process. Presenting evidence of your attempts to contact your son could be useful in demonstrating your interest, but the court may still focus on the child's stability and well-being. It’s important to approach this situation with realistic expectations and a focus on your child's long-term best interests.
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