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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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i am trying to adopt my niece who me and my wife have been

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i am trying to adopt my niece who me and my wife have been legal gardians for about 3yr, her mother has been in a mental istitution for over 9 months and been declared mentally incompetant to stand trial or appear in court, We have the paperwork from the Institution to support this. We also havent seen or heard from the persumed father, which is not biological father, in over 2yrs now, since he was told of the results back in february 2011. DNA test was done and Biological father already terminated his rights as the father with the adoption agency. If bio mother is ever declared competant, she still would have to go to trail for 2 counts of attempted murder in 2nd degree. Under what family code can i file my case under? 7826, 7827?. oh and persumed father is no were to be found!

Thank you for your question. Please permit me to assist you with your concerns.

California Family Code 7827 merely defines the terms, the actual code you would file under is California Family Code 7826. Notice that the code simply states that one of the parents must be mentally ill, if the other party is nowhere to be found and hasn't been seen for over 12 months, it is considered 'abandonment' and you could utilize that fact when you file by removing his potential parental rights at the same time.

Good luck.

Customer: replied 4 years ago.

is there a code i can file for the abandament, or i can file to take parental rights away, with abadament stated in the case?

Thank you for your follow-up, Rolando.

You can most definitely research Section 7822 and also look to Section 3402 for the definition of what 'abandoned' means.

Here are the codes:

Please let me know if I can assist in any other way, thank you!

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