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  #1  
Old 10-29-2009, 02:38 PM
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Afraid for my grand-daughter


What is the name of your state (only U.S. law)? California

Can a violent felon adopt his 10 year old step-daughter if his wife (the birth mother) is in support of the adoption, and the birth father has given up his legal rights?
  #2  
Old 10-29-2009, 02:47 PM
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Quote:
Originally Posted by Concerned GP View Post
What is the name of your state (only U.S. law)? California

Can a violent felon adopt his 10 year old step-daughter if his wife (the birth mother) is in support of the adoption, and the birth father has given up his legal rights?
it would depend. what was the conviction?
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Old 10-29-2009, 03:20 PM
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Attempted murder
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Old 10-29-2009, 03:24 PM
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Originally Posted by Concerned GP View Post
Attempted murder
How and when did Dad terminate his rights?
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  #5  
Old 10-29-2009, 03:45 PM
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The birth father wished to not be involved from the beginning, and hasn't supported or been involved in his daughters life in any way since she was around 3 years of age, even though the courts mandated that he pay child support at that time. That's when he disappeared for good and even the judicial system has not been able to find him. The birth mother has just recently filed abandonment papers with the court. It is certain that the birth father will not contest or even respond.
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Old 10-29-2009, 03:48 PM
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Originally Posted by Concerned GP View Post
The birth father wished to not be involved from the beginning, and hasn't supported or been involved in his daughters life in any way since she was around 3 years of age, even though the courts mandated that he pay child support at that time. That's when he disappeared for good and even the judicial system has not been able to find him. The birth mother has just recently filed abandonment papers with the court. It is certain that the birth father will not contest or even respond.
OK.

So, are you concerned about your granddaughter's safety with Mom's husband or just finding out if adoption is possible?
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  #7  
Old 10-29-2009, 04:36 PM
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Due to his personality type, the adoption papers would create ownership for him. We have been able to quietly provide some influence up to this point to keep her physically safe, but the mental abuse is another matter. When he cuts off any visitation (which I'm sure he will) due to his perceived ownership, I will then be very afraid for her safety due to his extremely strong manipulation of her mother. I constantly work on the safety issue with other professional sources, so I guess what I really need to know is if his background can assist in any way to stop the adoption, or do I just have to sit back and watch it happen because grandparents have little or no rights.
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Old 10-29-2009, 04:39 PM
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Originally Posted by Concerned GP View Post
Due to his personality type, the adoption papers would create ownership for him. We have been able to quietly provide some influence up to this point to keep her physically safe, but the mental abuse is another matter. When he cuts off any visitation (which I'm sure he will) due to his perceived ownership, I will then be very afraid for her safety due to his extremely strong manipulation of her mother. I constantly work on the safety issue with other professional sources, so I guess what I really need to know is if his background can assist in any way to stop the adoption, or do I just have to sit back and watch it happen because grandparents have little or no rights.
Here's the problem - she's going to be living with Mom's husband either way. Has he been diagnosed with a personality disorder?

How will preventing the adoption keep things safe?
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  #9  
Old 10-29-2009, 05:14 PM
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It keeps the safety net in her life and a place that she can turn when she needs someone. When we're shut out because he can legally demand it on his own, she will have none. So what I am getting from your replies is that there is no law that would stop a convicted violent felon from adopting a child in the state of California?? Since New York doesn't let felons adopt, I thought maybe other state statutes might do the same, but I couln't find anything for California, I guess that's why. Thanks for your assistance.
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Old 10-29-2009, 05:27 PM
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Originally Posted by Concerned GP View Post
It keeps the safety net in her life and a place that she can turn when she needs someone. When we're shut out because he can legally demand it on his own, she will have none. So what I am getting from your replies is that there is no law that would stop a convicted violent felon from adopting a child in the state of California?? Since New York doesn't let felons adopt, I thought maybe other state statutes might do the same, but I couln't find anything for California, I guess that's why. Thanks for your assistance.
Felons can have custody in CA - this could suggest that a felon may be able to adopt a step-child.

If the court is satisfied that the felony does not endanger the child I do think they will be able to go ahead.
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  #11  
Old 10-29-2009, 05:30 PM
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Originally Posted by Dogmatique View Post
Felons can have custody in CA - this could suggest that a felon may be able to adopt a step-child.

If the court is satisfied that the felony does not endanger the child I do think they will be able to go ahead.
Custody of ones own child and the state allowing a VIOLENT felon to adopt is quite different. I would defer to CC on this one.
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  #12  
Old 10-29-2009, 05:33 PM
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Custody of ones own child and the state allowing a VIOLENT felon to adopt is quite different. I would defer to CC on this one.
Yes, you're right - but it may be important to know when the felony occurred, too.

Go poke CC - we need her

I've seen a couple of posts on message boards where the poster does claim that their new spouse was able to adopt the stepchild - but these seemed to involve older felonies (two were violent apparently) of more than 5 years ago. And as we know message boards are really not the most reliable of sources
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Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo

Last edited by Proserpina; 10-29-2009 at 05:39 PM.
  #13  
Old 10-30-2009, 01:01 AM
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Quote:
Originally Posted by Dogmatique View Post
Yes, you're right - but it may be important to know when the felony occurred, too.

Go poke CC - we need her

I've seen a couple of posts on message boards where the poster does claim that their new spouse was able to adopt the stepchild - but these seemed to involve older felonies (two were violent apparently) of more than 5 years ago. And as we know message boards are really not the most reliable of sources
Grr I just read about this the other day and now I cant find the darn website but it did state that in california people with a murder conviction can NOT adopt in California. Now I will go back to searching for the site.
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  #14  
Old 10-30-2009, 01:23 AM
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Per OP it wasn't a murder conviction, HBG.
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo

Last edited by Proserpina; 10-30-2009 at 01:25 AM.
  #15  
Old 10-30-2009, 01:55 AM
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Originally Posted by Dogmatique View Post
Per OP it wasn't a murder conviction, HBG.
Your right I dont know how I missed the word before it :P Yes I do and it has to do with the prescription I took so I will be more careful reading tonight
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