In California, the father can voluntarily decide to sign over his rights by consenting to the adoption. If you don't think he's going to do that, there is a procedure for filing a Petition to Terminate Parental rights. You must file a Petition to Terminate Parental Rights if he won't sign. The most common reason for a judge to end the parental rights is that he has abandoned the child. But abandonment is when a parent leaves the child with anyone who is not the other parent for 6 months or more, so there is not enough time here for abandonment purposes. He would have to keep failing to see the child. the fact that he never paid child support will be against him too but mostly it's about his failing to see the child.
There are other ways to end parental rights.
Another scenario where parental rights are terminated is during a juvenile dependency court proceeding. If one or both of the minor’s parents have substance abuse problems, are involved in criminal matters, are found to be abusive, or otherwise unfit, the Juvenile Court can terminate one or both parents’ rights. When parental rights have been terminated, the government becomes the legal custodian of the minor child. This allows the minor child to be placed for adoption without the biological parent’s consent. Keep in mind that termination requests are not always granted.
Your best bet is to contact a family lawyer who does adoptions in your area in Cal. You may want to approach the father first and see what he has to say, or ask your daughter to talk to him. If that doesn't work, you may want to find a family lawyer in your area to help you work towards terminating his rights.
I'm happy to give you names of lawyers in your area if you'd like. You're not ready to adopt unless all of a sudden dad is willing to give consent to an adoption. If he gives consent, he terminates his rights. You don't have to allow the parents to see the child if you adopt but you CAN allow the parents to see the child if you agree to do so.
Remember, I'm happy to give you names of adoption lawyers in your area. I do this as a service for my customers here. Not all family lawyers do adoptions either, so I'd have to look for you.
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