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I am engaged to a woman that has a baby with no father

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listed on the birth certificate...
I am engaged to a woman that has a baby with no father listed on the birth certificate. I would like to adopt him.Which form do I need to fill out?
Submitted: 2 months ago.Category: Family Law
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Answered in 11 hours by:
5/30/2018
Family Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 2 months ago
Ok thank you
Family Lawyer: Nisha Jones,
 replied 2 months ago

I've reviewed your question and I'm happy to help. Give me just a few minutes to finish typing up some information for you, thanks!.

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Customer reply replied 2 months ago
Not a problem take you time.
Family Lawyer: Nisha Jones,
 replied 2 months ago

You can legally adopt your fiance's child, however you'll need to wait until after your marriage is finalized.

California state laws allow a stepparent to legally adopt their spouse's child as their own.

Since you two were not legally married at the time of the child's birth, a state social worker will have to conduct a case investigation and approve the adoption.

Here are links to the forms you will need to fill out:

(1.) http://www.courts.ca.gov/documents/adopt200.pdf

(2.) http://www.courts.ca.gov/documents/adopt210.pdf

(3.) http://www.courts.ca.gov/documents/adopt215.pdf

You can find a step by step guide and overview of the adoption process as issued by the California Judiciary here at this link:

http://www.courts.ca.gov/selfhelp-adoption.htm

Scroll down to review the steps numbered 1-11.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
are these the steps I need to take to adopt him now? I don't want to wait till we're married
Customer reply replied 2 months ago
Also I'm a felon. Is that going to hurt my chances of adopting him now? If so would it be better to wait till we're married?
Family Lawyer: Nisha Jones,
 replied 2 months ago

Unfortunately no, you cannot adopt him prior to getting married -- because legally that would require his mother, your fiance, to relinquish her parental rights as well.

Once you are married, then you would be able to do a stepparent adoption and you would both have legal parental rights.

The information I sent you above are the forms, as well as the step by step guide on adoption as a stepparent once you two are legally married.

No a prior closed felony should not affect the process, unless it's something related to the child, such as a prior child sexual abuse crime.

I hope that helps! Let me know if you still have any questions about this.

If not, don't forget to rate so I can be credited for my time and help with your question, thank you!

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Customer reply replied 2 months ago
One more question is there anything I can do now as far as guardianship goes or something similar before we were married. I need to have full control over the child because the mother is going to be leaving for a few months and I want to make sure I can take him to the doctor enrolling in daycare that sort of thing. Basically the rights of a father.
Family Lawyer: Nisha Jones,
 replied 2 months ago

Yes, there is a Power of Attorney for Minor Child affidavit that would enable you to do that.

You can find a template form here:

www.rocketlawyer.com/ChildPOA‎

Hope that helps!

Don't forget to rate, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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