Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Adoption

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-03-2005, 08:28 PM
Junior Member
 
Join Date: Nov 2005
Location: Walnut Creek, CA
Posts: 12
Send a message via Yahoo to kaylasmommy

Husband Wants To Adopt My Daughter!


California

My husband wants to adopt my daughter but since he is in the US Coast Guard, our living arrangements are weird right now. My daughter and I live in Northern CA where we are both attending school and where I have family and he is living in Los Angeles where he's stationed. Would he petition the court in the county where the child lives, and will continue to live until he transfers and I am done with school or would he petition in the county in which the he lives??
Which does it go by? The child or petitioner? Help!
  #2  
Old 11-03-2005, 08:35 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by kaylasmommy
California

My husband wants to adopt my daughter but since he is in the US Coast Guard, our living arrangements are weird right now. My daughter and I live in Northern CA where we are both attending school and where I have family and he is living in Los Angeles where he's stationed. Would he petition the court in the county where the child lives, and will continue to live until he transfers and I am done with school or would he petition in the county in which the he lives??
Which does it go by? The child or petitioner? Help!
Here we go again for the 1,678th time.

And where is the child's father?
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #3  
Old 11-04-2005, 02:02 AM
Junior Member
 
Join Date: Nov 2005
Location: Walnut Creek, CA
Posts: 12
Send a message via Yahoo to kaylasmommy

Husband wants to adopt my daughter


California

I am aware of the whole process...I have been to Coast Guard legal assistance, and bought a book about doing your own CA adoption. I don't want you to feel as though you have to give a lot of details.
Anyway, my daughters father is somewhere in San Diego, CA. The last time he saw her was Sept. 29, 2002. He hasn't paid any child support except for the "generous donation" of $50 he made in December of 2001. I guess I should mention that my daughter is only 4. She was born in July of 2001. He saw her every month or so in the first year (all trips paid for by me), then not at all after the date I mentioned above. I have a court order and all that stuff, but personally I'm happier having him leaving me alone than I would be if he was paying money and was around. He's not exactly an upstanding citizen. Lots of anger issues.
I just basically need to know about the counties. Because of the military is us living apart a non-issue?
  #4  
Old 11-04-2005, 06:27 AM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by kaylasmommy
California

I am aware of the whole process...I have been to Coast Guard legal assistance, and bought a book about doing your own CA adoption. I don't want you to feel as though you have to give a lot of details.
Anyway, my daughters father is somewhere in San Diego, CA. The last time he saw her was Sept. 29, 2002. He hasn't paid any child support except for the "generous donation" of $50 he made in December of 2001. I guess I should mention that my daughter is only 4. She was born in July of 2001. He saw her every month or so in the first year (all trips paid for by me), then not at all after the date I mentioned above. I have a court order and all that stuff, but personally I'm happier having him leaving me alone than I would be if he was paying money and was around. He's not exactly an upstanding citizen. Lots of anger issues.
I just basically need to know about the counties. Because of the military is us living apart a non-issue?
You just need to know about the counties? really?

And of course you know that once you file and the ex opposes the adoption on the ground that you frustrated his visitation and sent back all of his child support payments you'll end up spending a few thousand just to GET to court.

Sounds like you know everything so open up one of those books you purchased and find the answer. Or better still, spend 20 seconds to dial the local courthouse and ask them.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #5  
Old 11-04-2005, 02:36 PM
Junior Member
 
Join Date: Nov 2005
Location: Walnut Creek, CA
Posts: 12
Send a message via Yahoo to kaylasmommy

?


California

Well, I read through a good portion of the book already but it just says in your county. It assumes that you live with the child. I don't know if there are exceptions with military families, etc. I am also reading this book as a bystander basically. I am not considered the petitioner...that would be my husband. Even the attorney with Coast Guard legal that I spoke with assumed that we would file here in our county even though he's in Los Angeles. See where I might get confused??
Just to touch on what you said in the last response...I have never kept my daughter from him. If I was doing that, I wouldn't have spent hundreds of dollars for him to see her in the first year. I also never sent back any child support payments...because there weren't any! I do realize that he may very well contest the adoption. We are prepared for a fight...but I was told it's very possible to do the whole thing on our own.
So are you telling me to call the courthouse because you don't actually know the answer?? If that's the case, why don't you just say that...and please skip the sarcasm!
  #6  
Old 11-04-2005, 02:45 PM
Senior Member
 
Join Date: Mar 2005
Location: Over the Rainbow
Posts: 8,721
Quote:
Originally Posted by kaylasmommy
California

Well, I read through a good portion of the book already but it just says in your county. It assumes that you live with the child. I don't know if there are exceptions with military families, etc. I am also reading this book as a bystander basically. I am not considered the petitioner...that would be my husband. Even the attorney with Coast Guard legal that I spoke with assumed that we would file here in our county even though he's in Los Angeles. See where I might get confused??
Just to touch on what you said in the last response...I have never kept my daughter from him. If I was doing that, I wouldn't have spent hundreds of dollars for him to see her in the first year. I also never sent back any child support payments...because there weren't any! I do realize that he may very well contest the adoption. We are prepared for a fight...but I was told it's very possible to do the whole thing on our own.
So are you telling me to call the courthouse because you don't actually know the answer?? If that's the case, why don't you just say that...and please skip the sarcasm!


if there are current orders regarding the chld you probably want to file where those originated, I do think you should get a lawyer though.
  #7  
Old 11-04-2005, 02:53 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
You can file in any county in California. Jurisdiction is state-based, not county based.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #8  
Old 11-04-2005, 02:54 PM
Junior Member
 
Join Date: Nov 2005
Location: Walnut Creek, CA
Posts: 12
Send a message via Yahoo to kaylasmommy

Thank


California

Thank you so much for a straight answer! I really appreciate it.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:04 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.