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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

Posted

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.

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7 comments

Asker

Posted

We have the court approved copy of Freedom of Custody and Control signed by the judge in Riverside County, wouldn't this be enough to close the case and also adding in the "9" year abandonment? This man was upset 9 years ago because the judge only granted supervised visitations due to drug use.

Nadine Marie Jett

Nadine Marie Jett

Posted

The child has been freed for adoption, now you need to complete the adoption. Until the child is legally adopted, bio father remains responsible.

Asker

Posted

Yes, responsible from child support, but removed from rights to claim correct? Freedom of custody and control.

Asker

Posted

I meant responsible "for" child support

Nadine Marie Jett

Nadine Marie Jett

Posted

Once parental rights are terminated, from that day forward, he will not owe child support. Until that day happens, he continues to owe child support. Freedom of Custody and Control, will not stop the child support, but adoption will.

Asker

Posted

My question is, Will the Freedom of Parental Custody and Control, remove him completely from visitations, custody or any physical control? We are not too concerned with the actual child support issue, he will have to deal with DCSS.

Nadine Marie Jett

Nadine Marie Jett

Posted

No.

Posted

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.

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Posted

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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1 comment

Asker

Posted

At the time we began the adoption, we where given Order for freedom from parental custody and control (fc 7800) says Court further finds that a return of custody to the parent(s) would be detrimental to the minor(s) and freeing the minor(s) from custody of his/her parent(s) is in the best interest of the minor(s). Now therefore, said ,minor(s) are hereby declaired and adjudged to be free from the custody and control of (Bio) and of all persons claiming to be the father/mother of said minor(s). The petition is granted pursuant to California family code section. Dated 1/2009. This was faxed to DCSS several times and confirmed by them.

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