Call Us
(510) 351-5345
2777 Alvarado Street, Suite E
San Leandro, CA 94577
2777 Alvarado Street, Suite E
San Leandro, CA 94577
In some families, the step-parent plays a vital role in a child’s upbringing. Some step-parents even act as the primary care provider to their stepchildren. Yet, the law does not recognize this relationship, and a biological parent, even if they are predominantly uninvolved in the child’s daily life, retains the right to contest the decisions made by a step-parent simply because of their blood relation.
That’s why step-parent adoption is more than just a sentimental formality. It’s a way to safeguard a step-parents right to dictate what is best for the child and act in their best interests, just as a true parent would.
Step-parent adoption allows a step-parent to legally adopt their spouse’s child from a previous relationship and become the child’s legal parent. It is a process that essentially awards a step-parent with the same rights a biological parent would have.
Common requirements for step-parent adoption typically begin with the consent of the biological parent, or both biological parents in some cases. From there, the process could also involve a home visit, to ensure the step-parent’s living arrangement is suitable for the child or children, criminal background checks, and interviews with family members to ensure everything is copacetic.
Following these steps, the court will grant approval to the request for step-parent adoption and grant legal rights to the step-parent regarding the child’s welfare.
The process may vary depending on the state or county where you live, but typically a step-parent adoption starts an initial consultation with a qualified family law attorney to outline and provide insight to the process.
From there, the step-parent must attain permission from the non-custodial biological parent or prepare to take the matter before a judge. The home study and criminal background checks are performed at this juncture as well.
Once this concludes and an official petition for adoption is filed with the court, all involved parties will await and ultimately attend a court hearing in which the court and judge will seek to grant what is in the best interests of the child.
This stage is very difficult unless the non-custodial biological parent is objectively unreliable, unequipped for parenthood, or absent from the child’s life. That’s why having excellent representation matters most when it’s time to go to court.
In short, a step-parent is granted the same legal rights as any regular, biological parent as soon as the adoption is finalized. Doing so will terminate the rights of the non-custodial parent, and whether or not this parent is permitted in the child’s life thereafter is a deeply personal decision that will vary depending on each family and their circumstances.
The step-parent will be granted the right to make decisions about the child’s health, education, welfare, and religion. They also will become obligated to provide financial support to the child until adulthood is reached.
Maybe everyone who knows you and your family considers it a no-brainer to award you custody and legal rights over the children, but a biological parent still has rights and they can refuse to grant consent leading up to the adoption.
In this scenario, they will contest the adoption in a court of law, and you will need excellent legal representation to fight for you and your children’s best interests.
If you need a family lawyer or step parent adoption services in the greater East Bay Area, including San Leandro, Oakland, Hayward, Union City, & Fremont, contact Vonnah Bagner at Bagner Law, PC today.
Bagner Law, PC opened in 2003 as Law Offices of Vonnah M. Bagner with offices in San Francisco and San Leandro, CA. In 2005, the entire practice was moved to San Leandro.
2777 Alvarado Street, Suite E
San Leandro, CA 94577
Monday-Thursday 8:30am - 5:30pm (PST)
Friday 8:30am - 2:00pm
Weekends and After-Hours by Appointment
Copyrights © 2024 All rights Reserved.
