Legal Question in Family Law in California

my husband wants to adopt my son

i have been married for 2 years. i have a son from a previos relationship. i would like to know how to go about having my husband adopt my son. my son has not had any contact with his biological father for over 2 years. do i need to contact a lawyer? do i need to go to court? what should i do first?

Asked on 4/04/00, 3:49 pm

2 Answers from Attorneys

John A. Giffen Law Offices of John A. Giffen

Re: my husband wants to adopt my son

I need to know a little more information. What state do you now reside? Were you married to the father? Is the father under a support obligation? How old is your son?

You need to have your husband file a step parent adoption. In California the state does an investigation for a graduated fee based on income. You also need to terminate the natural fathers rights. It is easier to terminate a fathers rights if you were not married to him and he has not held the child out as his to the public. You can do a step parent adoption without an attorney but I would not recommend it especially if you have to file a termination of rights of a presumed (married) father. Some attorneys can help you with the paperwork and save money by doing it yourself with some advise and document preparation.

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Answered on 6/15/00, 1:34 am
Michael Gray Barber & Gray, LLP

Re: my husband wants to adopt my son

Check with your local county adoption agency. They may help you for free. Otherwise, look for a lawyer who handles these types of cases in your area. The costs should be low. Good luck.

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Answered on 4/19/00, 5:06 pm


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