Length of California Marriage in order to Adopt

[Trail213]

What is the name of your state? CA

My San Diego, California, attorney apprised me that in order for my grandsons' new step-father to be able to adopt them, the biological parent (mother) and step-father must be married for 3 years.

Is this correct?

Thank you.

[nextwife]

It is important that your " new grandsons' new step-father" totally understand all the legal implications, to him, of doing a step adoption. Please have him post and we can discuss it with him. There are good reasons for delaying the adoption process for a new step-parent.

[Trail213]

CA

Thank you for your response. But I just need to know how long my former daughter-in-law and her new husband need to be married before any adoption can occur. My attorney said the couple would need to wait for 3 years which will put my grandsons at the ages of 13 and 10.

[brisgirl825]

All states are different but there is usually some sort of regulations on how long a couple has to be married first. In Kansas it's a year and in Missouri is only 6 mths.
I'm sure your lawyer knows what that time frame is and if he said 3 yrs, that's more than likely true.

Good luck,
Sarah

[oc_girl]

Accoring to the Orange County (CA) Court's website:

"A Stepparent Adoption is when the spouse of a child's custodial parent adopts that child. Social Services prefers that the stepparent be married to the other parent at least one year before adoption.

The stepparent and custodial parent will fill out court forms. There will be a hearing in Court. The child to be adopted, the natural parent who the child will live with, and the adopting stepparent must go to the hearing."

You can get more information on step-parent adoptions at:
[url]http://www.scselfservice.org/probate/minor/stepadopt.htm[/url]

Good luck - hope this helps!

[oc_girl]

One more thing...where is the child's natural father. If he is living, he will either need to consent to the adoption or his parental rights will be need to be terminated before the step-father will be able to adopt.