Ok, I have no idea where to start, long story short I met my wife 9yrs ago and she had a 1 1/2yr old little girl, the biological father wasnt int he picture until the age of 2 when the grand parent forced him to start seeing her. hes suppose to pick her up two days a week two hours per day and hasnt done that in a few years, his sister whom actually cares for my daughter has been seeing her weekly, and has been signing a sheet saying she picks her up and drops her off. so we have records that he hasn't picked her up in a long time, my daughter is about to be 11 and we have no idea how to get him to sign over his rights. He owes child support and has state many times he'll only sign over if we take over his child support payment. We have our hands tied and don't know what to do. Advice?
You may want to consider a stepparent adoption. In that process, the bio dad's parental rights have to be terminated which can be done either by him agreeing to the adoption or the court could find that he has abandoned his daughter. Sacramento County Superior Court has a step-by-step guide for step-parent adoption (see link below).
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Ute is correct. You should file a Step-parent adoption and a Petition to terminate the biological parent's rights. One of the most commons grounds to terminate is set forth in FC 7822. This may not be the ground which will apply, but you may mention as many grounds as may apply. FC 7822 provides: 7822. (a) A proceeding under this part may be brought if any of the
(1) The child has been left without provision for the child's
identification by the child's parent or parents.
(2) The child has been left by both parents or the sole parent in
the care and custody of another person for a period of six months
without any provision for the child's support, or without
communication from the parent or parents, with the intent on the part
of the parent or parents to abandon the child.
(3) One parent has left the child in the care and custody of the
other parent for a period of one year without any provision for the
child's support, or without communication from the parent, with the
intent on the part of the parent to abandon the child.
This is not simple work and I do suggest you speak to a lawyer who can help you with the drafting and analysis of the case.
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