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stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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Id like to adopt my stepson. My husband has full custody,

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I'd like to adopt my stepson. My husband has full custody, and his mother lives in another country and hasn't seen him for 5 years and has not supported him financially except for a few gifts. She does talk to him about 2 to 3 times a month. She wouldn't consent to the adoption, but it may not matter, although we don't know. We live in California. Do you think we could do this on our own or would we have to get a lawyer?
Thank you!
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Hi glad to help. You are in a very favorable position being that you are in Calif.They have some of the best laws to help you, of any state I have seen. In Calif if your husband has been awarded custody as you state, and the non custodial Mother does not communicate, see or support the child, then your Husband having custody can consent to the adoption, without the Mothers consent. This is the general law and it does specifically apply to your situation. The only issue I see, is that the Mother has communication although limited, with the child. Thus it is going to be up to you and your attorney to convince the court that this Mother has really abandoned the child and does not support the child, and that any communication is so minor that it does not preclude adoption. Although the statute states that there must not have been communication, I believe a case like this would satisfy the policy behind the statute to allow an adoption from a parent that is not involved in a child's life, and does not support that child.Also if the child is over 12, the child must consent to the adoption. Thus I believe this could be accomplished in this case without the Moms consent under the California Family Code 8604. That is the statute that will list the criteria I have stated, and also requires the adoption to be in the child's best interest. This is a case that you will need an attorney for, since she is not giving her consent, and you will have to establish to the court, and present evidence that the Mother does not support the child or see the child, and that there is really no substantial communication or relationship between the two. Also you will have to prove it is in the child's best interest to grant the adoption. It will not matter if the Mother is in a different country, as if this adoption is allowed by the court, it does not need her consent. Good Luck, Steve
stevexo and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your help. I had a feeling that we would need to get a lawyer. The thing I wonder is, she hasn't given us a phone number or address (as she's afraid that she could get kicked out of the country she lives in) when she calls to talk to my stepson, so does this help out case in that she is unable to communicate with/has 'abandonded' her son. It's a difficult case, as she couldn't come to the US if she wanted to, but she does communicate (even if it's 2 times a month).

In any case, she has granted full custody to my husband, and we feel that it would be in his best interest for me to adopt him as that way we could make sure he is taken care of his something were to happen to my husband.


thank you!!!!

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