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What if the biodad does not appear?

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ludlow6

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

The bio-dad of my 4 year old daughter told me to do the paper work for my husband to adopt her and he'll sign. I have sole legal & physical custody, and he has supervised visits. He called because he claims CSS, cleaned his savings and checking account, and he doesn't, "want to pay for someone he doesn't ever see." Ihave not asked him to do this ever, because I thought he'd get his act together at some point and want to be a part of her life. My husband would love to adopt her, he's been her dad since she was 1 month old. We are looking for an attorney in our area that specializes in adoption.

So finally my question. If we begin the process, and the bio-dad is properly served the "Petition to Declare Minor Free From Parental Custody and Control", and the "Citation",
What happens to the case if he does not reply or appear for the hearing? Will the case proceed?
 


Gracie3787

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

The bio-dad of my 4 year old daughter told me to do the paper work for my husband to adopt her and he'll sign. I have sole legal & physical custody, and he has supervised visits. He called because he claims CSS, cleaned his savings and checking account, and he doesn't, "want to pay for someone he doesn't ever see." Ihave not asked him to do this ever, because I thought he'd get his act together at some point and want to be a part of her life. My husband would love to adopt her, he's been her dad since she was 1 month old. We are looking for an attorney in our area that specializes in adoption.

So finally my question. If we begin the process, and the bio-dad is properly served the "Petition to Declare Minor Free From Parental Custody and Control", and the "Citation",
What happens to the case if he does not reply or appear for the hearing? Will the case proceed?
A TPR and step parent adoption should never be done without an attorney. The laws are very complicated and it's extremely easy to make a mistake that could cause problems later. Don't file anything, just go ahead and hire an attorney from the very beginning, it's worth the cost.
 

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