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Termination of BF rights & step-parent adoption

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Ohiogal

Queen Bee
crystaly said:
Chandi,

I have been in and out of the California Family court system for several years now. And I want you to know. What everyone on her has said is true. However, if the biological father does not take you to court for contempt charges then you have nothing to worry about. And if the biological father is willing to sign over his rights it shows that he really has no interest in being a father and you can go ahead with the adoption. The adoption can be started where ever it is that you and the child have residence. I wish you lots of luck and a lot less drama.
You are wrong. CA courts retain jurisdiction of this matter because the father still resides in CA. She may have a lot to worry about because before his rights are terminated there will be a hearing IN CALIFORNIA to do so.
 


crystaly

Member
Ohiogal said:
You are wrong. CA courts retain jurisdiction of this matter because the father still resides in CA. She may have a lot to worry about because before his rights are terminated there will be a hearing IN CALIFORNIA to do so.
I don't understand...why would there have to be a hearing in California? California retains jurisdiction of the family law matter....adoption is not family law, it is probate.

My husband is adopting my daughter and I know that if the father signs over his rights it can be done in the state that you live in and that california does not go after contempt in family law unless the NCP wants to push the issue. Regardless of what you think. How else would the courts know she left the state unless someone brought an OSC and contempt charges against her. She would still get the adoption to go through...especially if the father terminates his rights. You are just thinking worse case senerio. But I seriously doubt she will have all the problems you are bringing up if the bio father has no true interest in the child.
 

rmet4nzkx

Senior Member
crystaly said:
I don't understand...why would there have to be a hearing in California? California retains jurisdiction of the family law matter....adoption is not family law, it is probate.

My husband is adopting my daughter and I know that if the father signs over his rights it can be done in the state that you live in and that california does not go after contempt in family law unless the NCP wants to push the issue. Regardless of what you think. How else would the courts know she left the state unless someone brought an OSC and contempt charges against her. She would still get the adoption to go through...especially if the father terminates his rights. You are just thinking worse case senerio. But I seriously doubt she will have all the problems you are bringing up if the bio father has no true interest in the child.
Please refrain from answering questions when you don't even understand basic concepts such as jurisdiction and the various laws. What you are implying has nothing to do with the facts of this case.
 

Just Blue

Senior Member
rmet4nzkx said:
Please refrain from answering questions when you don't even understand basic concepts such as jurisdiction and the various laws. What you are implying has nothing to do with the facts of this case.

She has been posting to other threads too...I think on most she was wrong, but I don't know much about adoption...you may want to chek them out...;)
 

rmet4nzkx

Senior Member
baystategirl said:
She has been posting to other threads too...I think on most she was wrong, but I don't know much about adoption...you may want to chek them out...;)
Her 4 yo daughter's father recently died today they just decided to adopt instead of a name change, as I said, different set of facts. Amazing how quickly people think they know everything when what they need to know is how little they know.
 

Just Blue

Senior Member
rmet4nzkx said:
Her 4 yo daughter's father recently died today they just decided to adopt instead of a name change, as I said, different set of facts. Amazing how quickly people think they know everything when what they need to know is how little they know.

And when it's pointed out they are wrong....They get all defensive and rude, rather than just saying sorry and learning a lesson....Halls is a prime example...:rolleyes:
 

ceara19

Senior Member
crystaly said:
I don't understand...why would there have to be a hearing in California? California retains jurisdiction of the family law matter....adoption is not family law, it is probate.

My husband is adopting my daughter and I know that if the father signs over his rights it can be done in the state that you live in and that california does not go after contempt in family law unless the NCP wants to push the issue. Regardless of what you think. How else would the courts know she left the state unless someone brought an OSC and contempt charges against her. She would still get the adoption to go through...especially if the father terminates his rights. You are just thinking worse case senerio. But I seriously doubt she will have all the problems you are bringing up if the bio father has no true interest in the child.
Adoption is irrelevent at this point, so it doesn't matter WHERE it would take place. The TPR would have to go through the original court. Also, a parent doesn't HAVE to "push" for contempt charges. If the judge is sufficiently p*ssed about mom leaving the state after she was ORDERED not to, the judge will have no problem proceeding with contempt charges without dad filing the complaint.
 

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