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Stepparent adoption

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3littleones

Junior Member
What is the name of your state (only U.S. law)? California and New York.

I have a 4yr old stepdaughter, i have been in her life since she was 6mths of age. Her biological mother has no contact with her nor has ever paid child support. I started the whole process of adopting her and petition for the california courts to terminate her rights on grounds of abandonment, however the petition wasn't signed. We are military and are originally from NY, where we still believe the mother resides.

I know i need to contact a lawyer, they are so expensive and its not in our budget at the moment. So i wanted to know if anyone has any experience in such situation. And also would i be able to try terminate her rights in california or NY
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? California and New York.

I have a 4yr old stepdaughter, i have been in her life since she was 6mths of age. Her biological mother has no contact with her nor has ever paid child support. I started the whole process of adopting her and petition for the california courts to terminate her rights on grounds of abandonment, however the petition wasn't signed. We are military and are originally from NY, where we still believe the mother resides.

I know i need to contact a lawyer, they are so expensive and its not in our budget at the moment. So i wanted to know if anyone has any experience in such situation. And also would i be able to try terminate her rights in california or NY

Please understand that I am not being flip here, but honestly an adoption is simply never a do it yourself project, as you have found out so far.

You need to put the adoption on hold until you have saved up enough money to pay an adoption attorney.
 
My advice would be to research your statutes thoroughly and don't make a move until you have an attorney. The reason being is you are attempting to terminate something protected by the constitution.

I have learned this the hard way so to speak. If mom isn't paying support or communicating you will have a very strong case. In my state, in step parent adoptions, the court can rule in the best interest of the child, but there is previous case history where petitioner has to prove (clear and convincing) both a failure on the emotional side as well as financial side.

In the event mom shows up, you'd better be ready to prove all that. Also, keep in mind the only case history you'll probably find in juvenile situations is at the appellate level and above.
 

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