I want to terminate my daughter's father parental rights since he has been absent for over 2 years & she is only 3 years old

Asked 6 months ago - Pacoima, CA

I just do not know where to start. I want my daughter to start school this fall. But I do not want her to go in with her last name. My daughter has not had any emotional contact with her father for over 2 years my husband wants to adopt her and provide her with his last name, since he is the only father figure that she has. But I don't know what is the first step that I should take. Where should I seek for help? What are my chances that this can happen? By that I mean what if the father objects what are his chances on taking my baby away?

Attorney answers (4)

  1. Edna Carroll Straus

    Contributor Level 18

    3

    Lawyers agree

    Answered . The standard is no contact and no support for two years. (What is "emotional contact"? ANY contact counts.)

    You cannot obtain a step parent adoption without his consent if bio dad has not abandoned the child.

    All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts... more
  2. Tobie Brina Waxman

    Contributor Level 18

    3

    Lawyers agree

  3. Robert Andrew Michael Burns

    Contributor Level 17

    3

    Lawyers agree

    Answered . I don't like this. I have two daughters. One didn't bond with me until 5 the other 2. Dad probably needs to do a lot of work to be a positive force in your daughter's life, and I hope that he does, but there is no burning urgency and the name issue is just superficial. Your daughter doesn't need to have her relationship with her biological father harmed to have a wonderful relationship with her stepfather. I'd start with love and counseling not the executioner.

  4. Judith Ann Routledge

    Contributor Level 13

    1

    Lawyer agrees

    Answered . As noted is the 'self-help' link, you begin by filing an Adoption Request and provide a copy of the filed request to the Department of Child & Family Services who will provide you with a packet to complete. The termination of bio-dad's parental rights is part of the process if bio-dad refuses to consent to the adoption.

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