[njschwartz]

I am stepparent who wants to adopt my 15 year old stepdaughter.
She wants it, but bio-mom I know won't relinquish (she seems to have found the 12-Steps in the last week). Actually she doesn't know that this is brewing...I'm taking an educated guess. She hasn't hasn't seen her in 4 years, at daughter's request (the Family Court judge allowed this). B-Mom has had her visitation rights indefinitely suspended. Is it possible to strip parental rights? There's also history of drug use, and B-Mom was incarcerated last year for forgery and grand theft. My lawyer thinks I have a snowball's chance in hell...but what does HE know!!! Any suggestions? I'm all ears...

[ebryant4]

I believe it's the Family Law Code section 8404.b that states that one full year with no support or contact constutites abandonment.

Good luck

[christina_davis]

IT IS ACTUALLY IN CA 8604.B.......CIVIL CODE....

[c21terri]

How do I find this code. Can we pursue stepparent adoption without a lawyer or birthmother's consent. I have been his mommy for 4.5 years - she has not seen him since he was 6 months old. Alot of the contact she had with us was only to get $$$ or other favors
Terri

[Kallen330]

I beg to differ. It is California Family Code.

http://www.leginfo.ca.gov/calaw.html

Paste the link above in your browser to find California State Law.


CALIFORNIA CODES
FAMILY.CODE
SECTION 8600-8622

8604. (a) Except as provided in subdivision (b), a child having a
presumed father under Section 7611 may not be adopted without the consent of the child's birth parents, if living.

(b) If one birth parent has been awarded custody by judicial
order, or has custody by agreement of both parents, and the other birth parent for a period of one year willfully fails to communicate with and to pay for the care, support, and education of the child when able to do so, then the birth parent having sole custody may consent to the adoption, but only after the birth parent not having custody has been served with a copy of a citation in the manner provided by law for the service of a summons in a civil action that requires the birth parent not having custody to appear at the time and place set for the appearance in court under Section 8718, 8823,
8913, or 9007.

(c) Failure of a birth parent to pay for the care, support, and
education of the child for the period of one year or failure of a
birth parent to communicate with the child for the period of one year is prima facie evidence that the failure was willful and without lawful excuse.


Good Luck.

[c21terri]

Thank you I found it. )