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I have a question about step parent adoption in California. Back in 2003 I was granted full legal and physical custody of my now 6 yr old son. There have been visitations up until February. In February, DS told me and my DH some things that had us concerned enough to take him to the police department. Social Services came and visited us the next day, then a few days later he had a CAST team interview. Through all this, I went to court and a temporary order for no visitation or contact was issued. Fast foward to June. Went to court for the visitation issue. Social Services liason testified that they had substantiated the allegations against his bio-dad based on the detail given, the knowledge of things he is too young to understand, and the fact his story never changed. However the police detective felt that a (then) 5 yr old's testimony was not enough to pursue criminal charges. His testimony was then sealed. The courts ordered supervised visitation which his father has made no effort to have. When talking to my aunt who is an attorney, she suggested that we petition for DH to adopt DS, terminating DS's fathers rights based on the issue that started this whole thing.
DH loves DS just as much as the other kids. DS has called him daddy for 5 years and he has never differentiated between DS and the other kids either. No one who doesn't know us knows that DS is not "legally" his son. DS is beggin and pleading not to have to see his father.
Does anyone know about step parent adoptions in CA? My Aunt is considering representing us, and we definately want to have DH adopt him. DS knows what adoption is (his 2 closest friends are adopted) and has been asking for DH to "dopt" him since he was 4.
I am so sorry you all are having to go through this - I don't know what the legal process would be but it sounds like it would be a slam dunk case! I wish you a lot of luck and I am so glad that you have given this little angel a wonderful home and family! Please keep us updated as you go! Much, much luck to you and your family!
Seems like it would be the same as an adoption of any kind. If your DS's bio dad signs away his rights, then it is simple and it's just a matter of paperwork. If he refuses to do that, it might be a little more hairy, but I think with the history and such it shouldn't be too bad. I'd ask DCFS or whatever agency that worked with y'all when all this was going on and see what they say.