QUESTION

What rights does a father have if child has not seen in 11 years and is adoption possible?

Asked on Jul 14th, 2016 on Child Custody - California
More details to this question:
I have been with my husband for 11 years. We were married since 2012. We have 2 kids together. I have a 13 year old son from a past relationship who he has not seen since the end of 2005. My son has not seen him since he was 2 years old. He is now 13 and my husband has been raising him since 2005 when we got together. He calls him dad and everything. My husband wants to adopt him but was wondering if the birth parent still has rights.
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1 ANSWER

Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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A Petitioner to terminate the father parental rights would have to be filed in conjunction with a step parent adoption petition. Usually if the father has had zero contact for more than one year and is not paying child support, then the parental rights can be terminated by the court.
Answered on Aug 10th, 2016 at 6:17 PM

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