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Post Judgment, father abandoned our children for over 9 years. C.S.S. decided to go after him, as revenge he wants rights

Hemet, CA |

Biological father abandoned both children in 2004 (for 9 years). My children and I have been with my current husband since 2003. He opened an adoption case in 2008 and we were granted and received an Order for Freedom of Custody and Control January 9, 2009. With the help of Child Support, biological father sent me a petition for Modification of the current standing order dated April of 2004, granting me full legal and physical custody of both children and he supervised visitations for refusal to take drug screens. But we have the Order for Freedom from Custody and Control dated after our last court Judgment. Do I have grounds for dismissal? After all these years Child support opened a can of worms going after Bio and he is now furious and wants revenge!

Attorney Answers 3

  1. It seems you need to complete the adotion. Once the children are adopted, the biological father has no rights, none, to requests vistitation.
    The past due support, is still owed. Any support order in effect, is owed up until the moment teh children are adopted.
    If the past due child support is nonwelfare, you can agree to waive it.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. **************CAUTION*************** CAUTION*************** CAUTION ****************** CAUTION************ Readers should be cautioned that AVVO cannot be relied on as they have a corrupt and dishonest rating system. AVVO routinely allows "client reviews" to be posted by individuals that are not "real" clients. AVVO does not ensure that the public receives truthful accurate information.

  2. Yes, Nadine is on the money, finish the adoptions

    My name is Stephen R. Cohen and I have practiced over 39 years and can be reached at 213-819-1171. I in Los Angeles and Orange County, California. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site.

  3. You need to look at the "order" carefully to see if it is actually an order. If it is he should have no rights or obligations.

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