Grandparent Adoption

What is the name of your state? California

My daughter had a baby boy at 17 years old. She and the bio father were never married and never intended to. My wife and I have been raising him ever since he was born. My daughter desided it would be best if we raised him as our own son. She wanted to finish school etc... We have been raising him as our own for 2 years and we have desided to adopt him. We spoke with our daughter and she liked the idea and gave us full concent. The bio father (who is not on the birth certificate) has never paid any child support nor has he had anything to do with this child since he was about 2 months old. At around 2 months my daughter was at his house to let him visit and he (accourding to our daughter) raped her in front of the baby. Since that time he has not seen the baby nor has he even made any attempt to do so. He then moved about 500 miles away without letting any body know. We called him up recently telling him that we were going to adopt the baby boy and wanted him to sign his concent. He said no and said that eventually when he got his life together he wanted visitation. Regardless of his answer we are going to go ahead with the adoption. My main questions are as follows:

1. Are we obligated to allow him to visit with the baby while pursueing the adoption? (Remember he is not on the birth certificate).

2. What are the chances that we wouldn't be able to adopt and that he would get visitation rights?

My wife and I are a little scared and need some advise as well as possible legal help (hiring an attourney). Thanks in advance.

My response:

Your issue is to huge for this bulletin board. While your singular issue is adoption of your grandchild, you have way too many sub-issues to deal with - - the least of which are Constitutional in nature.

You really need to see a local Family law attorney.

Good luck.

IAAL

You are not obligated to the "father" in ANY way. If he wants visitation, make him go through the court system. Make it difficult for him. You've called him once & he refused his consent. If he calls you, tell him you'll see him in court and not to call again.

Two years without support and/or visitation is enough to have the child declared abandoned by the father in the eyes of the state.

Go ahead and file the petition to adopt. I'll bet the rent money that the "father" doesn't lift one finger to fight you. It takes effort & money, and apparently he doesn't have either. Especially from 500 miles away.

The court will do whatever is in the best interest of the child. I don't think any judge with common sense would decide that the "father" deserved anything. He's had his chance for two years and has done absolutely nothing.

The best interest of this child is to remain in a loving, stable home.

Get a consultation soon with a good family attorney. The consultation may be free, it may cost $100, but you will definitely need one no matter what happens.

You are in my prayers & I wish you the best.