Legal Question in Family Law in California
Legal Guardian
My husband has had Sole custody of his two children ages 16
and 13. He has had Sole custody for over 10 yrs. Biological Mother has not seen them but one day for 10 mins in this time frame. As far as adoption does Mother have to give consent? Would Legal Guardianship give me (step-mother) any rights if father was ever able to not care for them.
Thank you for your time and guidance.
Erick and Donna
3 Answers from Attorneys
Re: Legal Guardian
Based upon the information provided, it is unlikely that you would need the biological mother'as consent for an adoption. You can initiate the adoption process and seek to terminate the mother's parental rights. This is a process in which you should retain an attorney who is knowledgeable in the area of adoption. I see no reason that you would file papers for a guardianship. If we can be of assistance, please feel free to call. Regards, Damian Nolan.
Reply: Legal Guardian
You may be able to terminate Mother's parental rights and proceed with an adoption without her consent.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Legal Guardian
Based on the facts you supplied getting her parental rights terminated should not be difficult.
There is a new family code section that provides that a person who has taken the place of the parent for a substantial amount of time can obtain custody of the child or children, without showing the parent is unsuitable.
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