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Step-Parent Adoption And San Diego Child Custody Lawyer: Secure Your Child Future!

Author: Mesnik Law
by Mesnik Law
Posted: Oct 26, 2017

American families constituting of a couple and children from their past and present relationship are very common and San Diego child custody lawyer is aware of the fact that on a daily basis 2100 new blended families are forming in America and more than 66% of Americans falls under category of a step-parent, a step-sibling, a step-child, a step-grandparents etc. It has been observed that in most cases children gradually becomes close to a step-parent and in a scenario where one biological parent is not present in a child life, the step-parent comes to rescue and proceeds for the adoption of their step-child.

Important legal factors for step-parent adoption scenario’s

According to the step-parent adoption lawyer in San Diego one biological parent holds the full rights over the child while rights of other biological parents are terminated and are given to the adopting step-parent. The important thing to remember is once parental rights are transferred to the adopting step-parent, this action cannot be nullified or revoked (except in very rare cases) and it signifies the permanent transfer of parental rights and responsibilities. The adoption will not be terminated even in case of divorce between a biological parent and a step-parent.

Eligibility criteria which a step-parent must meet for step-parent adoption proceedings

  • There should be a registered domestic partnership or a legal marriage between a biological parent and the step-parent.
  • Age of the step-parent must be 18 years+ and he/she must be 10 years older than the step-child age (although this 10-year rule can be waived in some circumstances).
  • Consent of a step-parent’s spouse for adoption is a must.
  • The biological parent whose parental rights are terminated must give consent for adoption ( this eligibility criterion can be overlooked in certain situations)
  • If the age of the step-child is 12 years +, he/she must give consent for adoption.

If you are thinking about step-parent adoption or you have received an Adoption Request filed by your child’s would be step-parent, you must contact for your rights with a step-parent adoption lawyer in San Diego. A professional solicitor will be in a better position to explain all the scenarios and IF’s and BUT’s of your case. For example, how to overcome consent of a biological parent whose parents rights are terminated in case of step-parent adoption. If one parent has custody over child through judicial orders or agreement between the couple and the other parent willfully does not communicate with a child for one year or does not pay for education, support, care etc, of the child, then the parent who has custody of the child may give consent to the adoption.

According to San Diego child custody lawyer 48% of first marriages in America end up in filing Divorce and 80% of women and almost 90% of men opt for second marriage within five years.In all these facts and figures, children lives are severely affected and step-parent adoption is just one way to give a happy family to a child.

About the Author

We are leading family law attorney in San Diego and our firm specializes in Divorce, Child Support, Mediation, property division etc.

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Author: Mesnik Law

Mesnik Law

Member since: Oct 23, 2017
Published articles: 14

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