California  |  Family Law

Legal Question

Asked on: 8/25/09, 12:40 am

I was granted sole legal and sole physical custody of my son after my ex wife was convicted of abusing him. She went to jail for six months and even now is all over the news for doing it again in oregon. Further she is in jail again now awaiting trial for 1st 2nd and 3rd degree assault on her new ten week old.

What rights does she have towards my son and can my new girlfriend/soon to be wife adopt him without her consent.

Any help would be great. I need advice especially since i have lawyers, children services, and the media all calling me for my statement about her.



1 Answer

Answered on: 8/25/09, 12:53 am by Lyle Johnson

You will have file the proper motion to have her parental rights terminated. That would be done when you file a stepparent adoption petition. It is my understanding that you must be married before a stepparent adoption will be approved. In the mean time you should file a motion to terminate all visitation pending further order of the court. You could contact the Oregon prosecutor, and ask for information about her current case. Explain that you need the information to protect your son from his abusive mother. The prosecutor should at least provide you with information regarding the results of her case.

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Bedi and Johnson Attorneys at Law 152 N. Third Street, Suite 550 San Jose, CA 95112

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