In CA do you have to be married for a certain amount of time before step parent adoption and what rights do grandparents have?

Asked over 1 year ago - Desert Hot Springs, CA

We have had my fiancées daughter since the day she was released from the hospital after birth . Hes on her birth certificate . shes 3 months and we plan on getting married in the next few days . Her birth mothers Mother is trying to talk her out of it and looking into trying to take her from us , even tho her daughter said there is No way she will let her take her away from us nor will she change her mind . In seeking information on if the grandmother has any rights after the adoption and if there is a waiting period on how long we have to be married , how long ? Thank you .

Attorney answers (2)

  1. Michael Roger Schneider

    Contributor Level 14

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    Answered . There is no time to wait for the step parent adoption. And the grandmother has no rights to the child. If she tries something though, I would highly suggest you get an attorney. Where is the biological dad? If he does not consent to the adoption, you may have to wait a year to be able to terminate his rights.

  2. Lawrence John Gibney Jr.

    Contributor Level 14

    Answered . To add to Mr. Schneider's asnwer, where is the biological father. He will need to be notified. Best of luck to you.

    This information is provided as a public service to provide a general answer and should not be relied upon as... more

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