Step- parent adoption is a step- parent over the age of eighteen who is presently married to the consenting natural or adoptive parent of a child can under California law become the legal adoptive parent of the child provided one of several circumstances exit.
One of the easiest and least costly avenue to a step- parent adoption is the CONSENT. The non- custodial biological parent must sign a form prescribed by the State of California consenting to adoption by the step- parent.
The second way of a step-parent adoption if willful failure to support. Meaning that the absent parent's consent is not required if that parent has both failed to support, and failed to communicate with, the child for at least a year, provided there is an order or agreeent giving the custodial parent custody of the child.
The third is abandonment. If the facts show that either failure to support or failure to communicate with the child for at least a year, but not both, it is still possible for a court to dispense with the requirement of the absent parents consent to the adoption because of abandonment, but the procedure is a little more complicated.
The fourth is termination of right of alleged father. If the parents of the child were nevcer married and there is no one whom the law presumes to be the natural father, then it may be possible to obtain a court order terminating the "alleged" natural father's rights.
Fishel & Fishel, Attorneys at Law covers all aspects of family law including, Mediation, Divorce, Legal Separation, Dissolution, Modifications, Spousal Support, Child Support, Child Custody and visitation, Domestic violence and Restraing Orders. This firm serves the Contra Costa County and the Northern California East Bay and Bay Area communities of Alameda, Albany, Antioch, Benicia, Berkeley, Brentwood, Byron, Castro valley, Claremont, Concord, Danville, Dublin, El Cerrito, El Sobrante, Emeryville, Fairfield, Fremont, Hayward, Hercules, Lafayette, Livermore, Martinez, Montclair, Moraga, Oakland, Oakley, Orinda, Piedmont, Pinole, Pittsburg, Pleasant Hill, Pleasanton, Point Richmond, San Leandro, San Pablo, San Ramon, Union City, Vacaville, Vallejo, Walnut Creek. We have over 18 years experience in the practice of Family Law covering Child Custody, Juvenile Law, Divorce, Dissolution, Personal Injury, Criminal Defense.Our Lawyer is dedicated in helping his client's in a sufficient manner.