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Originally Posted By KTHIS IS RE: CONSENT [Credits & Conditions] [Structure] ------------------------------------------------------- -------------------------CALIFORNIA CODES -- FAMILY CODEAdoptionDIVISION 13. ADOPTIONPART 2. ADOPTION OF UNMARRIED MINORSCHAPTER 1. GENERAL PROVISIONS 8604(a) Except as provided in subdivision (b), a child having a presumed father under Section 7611 may not be adopted without the consent of the child's birth parents, if living. (LOOK AT SUBDIVISION "B" BELOW AT THE EXCEPTION!)(b) If one birth parent has been awarded custody by judicial order, or has custody by agreement of both parents, and the other birth parent for a period of one year willfully fails to communicate with and to pay for the care, support, and education of the child when able to do so, then the birth parent having sole custody may consent to the adoption, but only after the birth parent not having custody has been served with a copy of a citation in the manner provided by law for the service of a summons in a civil action that requires the birth parent not having custody to appear at the time and place set for the appearance in court under Section 8718, 8823, 8913, or 9007. (c) Failure of a birth parent to pay for the care, support, and education of the child for the period of one year or failure of a birth parent to communicate with the child for the period of one year is prima facie evidence that the failure was willful and without lawful excuse. HOPE THIS HELPS SOMEONE.
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Okay, it took me so long to answer to this I am not sure if I can remember exactly what it said. I'll try. It seems that this is saying that after one year of no contact AND no support that you can go ahead with the adoption without the other party's consent as long as you notify them that they must be in court. Here the situation. My daughters dad has not seen her since thanksgiving of 2001.He called one time in May of 2002 and talked to her briefly. She is 6. He has paid support for about 6 months now and I am wondering if this exemption applies for us. Or if we will have to wait until June 2003 because since it will have been a year since the last time he had contact with her. Or are we not under this exemption because he has paid support even though she has not seen him in over a year? Thank you for any clarity you can give!
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hello, the way i understand the law to read is that there has to be NO contact(calls, visits, etc...) AND NO childsupport for a min. of 1 yr. so if you have recived any csc sence the phone call you would have to go by the date on the last check. i would find that date and asap go file. i know here in Indiana that if i went to file on feb. 1st 2003, saying that was 1 yr. and 1 day from last contact of any kind, and the bp showed up at the door on feb. 2nd. it wouldn't count. as long as you can prove you haven't kept your child away from the other bp or interfiered in anyway of letting contact happen. i know its messed up-- we the ones that do take care of the child have to prove that we are there but the ones that are not around just have to show up to court to say "sure i want to be a parent" and they are able to try. well anyhow thats just how i see it and have read it. i'm looking in to doing the same thing so i don't have a fight on our hand when i go to adopt my "step" daughter.
good luck.
Joy
California code 8604....clarity for everyone ....it is... and/or
no contact or no support
no support or no contact
no contact and no support
does not matter!!! Either is applicable under this law.
I used it twice...filed the papers myself...no attorney...it was even contested by the other parent....they had an attorney...I still won.
Good luck!