Legal Question in Family Law in California

I have been with the same man for almost 3 years. He has a 5 year old son whom I adore and love with all of my heart. I know he loves me too because one day he told me out of the blue. His parents are divorced and he lives with both of his parents. They have shared 50-50 custody. I want to know if I need her permission to adopt the 5 year old and if I do will I be able to do it even if she says no if I fight her disagreement? The father already said yes. Do I have to have her permission or is the permission of the father good enough?

Asked on 12/20/12, 4:44 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Parental consent is not always required, but in the circumstances you describe it is all but certain that no court would order the mother's rights terminated over her objection and termination of her parental rights is a precondition to you adopting the child. So unless she agrees to surrender her parental rights you cannot adopt the child.

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Answered on 12/20/12, 4:51 pm

Brian McGinity McGinity Law Office

I completely agree with Mr. McCormick. He explained the situation very well. It sounds like the mother is a large part of her son's life. Right now, your boyfriend's son has the best of both worlds. May I suggest not fixing something that is not broken.

Good luck

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Answered on 12/20/12, 6:04 pm

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