Can California law be manipulated to allow a adoption of a child against the fathers wishes.

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Can California law be manipulated to allow a adoption of a child against the fathers wishes.

My son is on active duty(Germany) the mother lives in California, she wants my son to give up his rights to his daughter 3yr Angelica & let her boyfriend adopt her. He loves his daughter & have been financially responsible with support. There is no way the can manipulate the law to allow this adoption against my sons will. The child was born out of wedlock.Please he is only a E3 in Germany & is at her mercy she has denied his rights by court order/ He is tormented, please just ease our mind in this matter…

Asked on May 29, 2009 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

He needs to talk to his lawyer in Germany -- military law with respect to children born out of wedlock may trump certain civil law.  In terms of what can be done, I am not sure.   What do you mean she has denied his rights by court order? Did he give her temporary custody or something while stationed in Germany? Where is his child's mother? Why isn't she with the mother?

There are a lot of unanswered questions.  In terms of he has visitation rights (did mom have court order her custody based on underlying issues and he is allowed visitation or something?), if she is in contempt, he can take her to court via his attorney.

In terms of grandparent rights in general -- usually they don't have rights - unless the court awards them custody.  So, your son's best bet-- get a lawyer.   In California, try www.attorneypages.com and then check his or her disciplinary record at www.calbar.ca.gov under attorney search.


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