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Ok - If you are doing a stepparent adoption in Riverside County DO NOT us the "How to Adopt Your Stepchild in California" book. The forms, information, etc. cannot be used in Riverside. I wasted my time with it.
My husband is adopting my two children and we have to have my ex-husband's rights terminated - no contact with the kids since 95 and no support since 99.
I filled out a Petition for Freedom from Parental Custody and Control (Section 7800, Family Code). I then filled out the Adoption Petition. They have all of the forms there at the Probate Department. Apparently, a new set of forms is out for the new year - so go there and ask before completing anything on your own. The cost was $240 ($200 fee, plus $20 for each child). I now have a court date and will have my ex served.
I don't know if my ex will be willing to consent, but we will have consent papers ready for him when he is served just in case.
If he contests the adoption, I will probably have to get an attorney to proceed. Our case however is really strong (years of documentation of token and zero support or communication). I however am not the petitioner - my husband is, so it's really a matter of how comfortable my husband feels in arguing the case. I will start researching current case law today and make a decision from there.
I thought I'd post this site - helpful information about Stepparent Adoption (actually the California Codes).
[url]http://www.webcom.com/kmc/adoption/law/ca/fam/overview.html#div-12-p4[/url]
I'm feeling pretty good about the process - will send everything to the probation department, etc. today. Wish me luck - hope this information helps. I'll post as I go.
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Ok - it is all a bit easier than I thought.
We tracked down my ex with a cell phone number that his mom gave us. He still refused to give us his address to have him served, so we were never able to do that (he owes a LOT in child support and was probably concerned about the consequences). He retain an attorney however, so that I could send the papers over there. From what I've been told, he's signed a consent.
Here's the catch - the attorney drew up papers that she wants me to sign giving up all past child support. The attorney states that when she gets the signed agreement, she'll release the consent forms. She mailed them to me yesterday. I'm going to have a family friend/attorney review them before I sign.
I expect to have the consent documents by the end of this week.
This was a totally unexpected outcome - so much better than what I originally anticipated (pending receipt of the consent document). If this all goes as planned - my output for this process will be $240 in court fees plus $75 for the process server.
So - if you are going through with this - don't give up. It might be easier than you think.
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