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Voluntary termination of parental rights in state of California: Both parents agree to termination

Anaheim, CA |

I have a court order in California, I am the mother; I have sole legal and sole physical custody of my son. My X wants to voluntarily sign over his parental rights. My son and I live in Washington now. What forms does my X need to fill out to terminate his rights? I am okay with this, since he has not been a big part of his son's life, and has only caused him pain and suffering. Thank you. I am not married, so I cannot have my fiance adopt my son, until we are married. is it possible to get the termination in December this year and my fiance adopt him when we are married next september? Thanks again

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Attorney answers 2


When your new husband begins the adoption proceedings of your son, you would file a Petition to Terminate Alleged Natural Father's Parental Rights. Your ex-husband would be given notice of the proceedings and if he fails to appear or fails to claim parental rights, his parental rights will be terminated.


It's not quite as easy as filing a petition that goes unopposed, as was indicated above. If you both are in agreement, then a petition or motion can be filed completed with a stipulation. However, if the petition simply goes unopposed then you are facing an uphill battle. I would highly suggest you speak to an attorney in your area who has experience in this area.

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