Step-Parent Adoptions and Termination of Parental Rights: Superior Court of Stanislaus County Self Help Center
Step-Parent Adoptions and Termination of Parental Rights: Superior Court of Stanislaus County Self Help Center
Material prepared and/or distributed by the Superior Court Clerk’s Office IS INTENDED FOR INFORMATIONAL
AND EDUCATIONAL PURPOSES ONLY. Such material is NOT intended to be and IT IS NOT LEGAL ADVICE as to
your specific case. IT IS NOT INTENDED TO TAKE THE PLACE OF COMPETENT LEGAL ADVICE FROM AN
ATTORNEY. You are strongly advised to seek the advice of a licensed attorney before starting or completing
your case in order to protect valuable legal rights that you may have and of which you may be unaware.
Please contact a competent attorney of your choice or contact the LAWYERS REFERENCE SERVICE of the
Stanislaus County Bar Association at (209) 571-5727 for a referral. The Clerk’s Office cannot give you legal
advice.
In order to begin a minor step parent adoption you will need to file TWO cases at the same time. The
first case will terminate the parental rights of the other parent. The second case will request the
adoption of the minor child.
The forms should be typed or completed in blue or black ink, neatly and clearly
so photocopies can be made.
• NOTES:
• Any forms noted as “pleading” forms [example: (Pleading Form)] are forms created on number
lined paper. You can download these forms from the Stanislaus County Superior Court Self Help
Center website at http://www.stanct.org. Any forms noted by form number [example:
(ADOPT-200)] are judicial counsel forms. You can download these forms from the Judicial
Counsel website at http://www.courtinfo.ca.gov/forms
• Before you can proceed with the Step Parent Adoption, you MUST FIRST terminate the other
parent’s parental rights. There is no filing fee for the Termination in the Adoption case.
• There is a filing fee of $20.00 for the Step Parent Adoption.
• If the parent whose rights are being terminated, the case will be referred to the Family Court
Services Investigator. There will be a fee assessed for this investigation. You may qualify for a
fee waiver for both the filing fee and the investigation fee. The Fee Waiver and Additional
Waiver of Court Fees forms may be obtained from the Superior Court Clerk’s office or
downloaded from the Judicial Counsel website noted above.
• Petition to Declare Minor Free from Parental Custody and Control (Pleading Form)
• Citation (Pleading Form)
A. Make two (2) copies of all the completed forms listed above. The original must be 2-hole
punched at the top and stapled at each corner.
The Step Parent adoption forms DO NOT NEED TO BE SERVED ON THE BIOLOGICAL
PARENT. Both sets of paperwork can be filed with the Clerk at the same time.
A. Make two (2) copies of all the completed forms listed above. The original must be 2-hole
punched at the top and stapled at each corner.
A. If the parent whose rights are being terminated objects, a court trial will be set for both parties
to give testimony and present evidence in support of their position. The case will also be
referred to the Family Court Services Investigator to prepare a recommendation and report. Fees
may apply as noted above.
B. If the parent whose rights are being terminated does not object, then the Judge will make a final
Order the day of the hearing.
MINOR STEPPARENT ADOPTION FLOWCHART
These cases MUST be open AT THE SAME TIME
SERVE THE
OTHER PARENT
- Personal
Service
COURT GRANTS
ATTEND THE PUBLICATION ATTEND THE
HEARING - Order HEARING
- Oral - Oral
Argument Argument
- Judge Signs
Order
FOUR-WEEK
PUBLICATION
- File Affidavit COURT GRANTS
TERMINATION
- Order & REPORT FINISHED
Judgment
AND RIGHTS
TERMINATED
- Request a
REQUEST HEARING Hearing
- Order
Dispensing
With Notice
- Memo of
Points &
Authorities ATTEND HEARING
- Judge Signs
Adoption
Agreement
and Order
COURT GRANTS
TERMINATION
- Order &
Judgment
Your Name Here
SAMPLE
Stepparent
Street Address
Stanislaus County
800 – 11th Street
Modesto, CA 95354
Date Here
Date Here
Spouse’s Signature
Spouse’s Printed Name
Your Name Here Case Number Here
Street Address
Your Zip
City CA
Your Telephone Number
Stanislaus
800 – 11th Street
Modesto, CA 95354
Check
These Court Date
Boxes
# Judge’s Name
4 In Pro Per
9
Case No.: CASE NUMBER
10 In the Matter of the Adoption Petition of:
CITATION TO PARENT
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18 there to show cause, if any you have, why NAME OF CHILD should not be declared free
19 from your custody and control for the purpose of freeing CHILD’S NAME for placement for
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adoption. The following information concerns rights and procedures that relate to this
proceeding for the termination of custody and control of said minor as set forth in Family Code
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Section 7860 et seq.:
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1. At the beginning of the proceeding the court will consider whether of not the interests
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of the minor child require the appointment of counsel. If the court finds that the interests of the
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minor do require such protection, the court will appointment counsel to represent him, whether
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1 or not he is able to afford counsel. The minor will not be present in court unless he requests or
2. If a parent of the minor appears without counsel and is unable to afford counsel, the
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court must appoint counsel for the parent, unless the parent knowingly and intelligently waives
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the right to be represented by counsel. The court will not appoint the same counsel to represent
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both the minor and his parent.
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3. The court may appoint either the public defender or private counsel. If private counsel
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is appointed, he or she will receive a reasonable sum for compensation and expenses, the amount
8 of which will be determined by the court. That amount must be paid by the real parties in
9 interest, but not by the minor, in such proportions as the court believes to be just. If, however, the
10 court finds that any of the real parties in interest cannot afford counsel, the amount will be paid
by the county.
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4. The court may continue the proceeding for not more than thirty (30) days as necessary
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to appoint counsel to become acquainted with the case.
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14 Date:
______________________________,Clerk
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16 By:________________________________
17 Deputy Clerk
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1 WRITE IN ADOPTING PARENT’S
NAME, ADDRESS AND
2 TELEPHONE NUMBER
4 In Pro Per
9
Case No.: CASE NUMBER HERE
10 In the Matter of the Adoption Petition of:
PETITION TO DECLARE MINOR
11 FREE FROM PARENTAL CUSTODY
AND CONTROL
12 ADOPTING PARENT’S NAME
Date:
13 Time: 8:30 A.M.
Dept.:
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Adopting Parent.
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Petitioner respectfully represents:
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1. Petitioner, ADOPTING PARENT’S NAME, is the spouse of the natural
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mother/father, NATURAL PARENT’S NAME, of the minor child, CHILD’S NAME, and
18 seeks to adopt the minor child on the termination of the natural mother’s/father’s right to custody
19 and control.
20 2. CHILD’S NAME is a unmarried minor child who was born on CHILD’S DATE OF
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BIRTH, and is a resident of CITY OF RESIDENCE, Stanislaus County, California.
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1 4. The child has been left by NAME OF NATURAL PARENT WHOSE RIGHTS
2 ARE BEING TERMINATED with NATURAL PARENT’S NAME having primary custodial
care and has had no contact with the child since DATE OF LAST CONTACT BETWEEN
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CHILD AND PARENT WHOSE RIGHTS ARE BEING TERMINATED to the present
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and without any provision for the child’s support nor communication from absent parent and
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with the intent on the part of NAME OF PARENT WHOSE RIGHTS ARE BEING
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TERMINATED to abandon the child.
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WHEREFORE, petitioner prays judgment as follows:
8 1. For an order declaring that the minor child CHILD’S NAME is free from the custody
9 and control of NAME OF PARENT WHOSE RIGHTS ARE BEING TERMINATED and
10 terminating all of his/her rights and responsibilities with regard to the child;
2. For an order appointing NAME OF ADOPTING STEP PARENT to act under the
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provisions of Family code Section 7893, as guardian of the minor child; and
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3. For such other and further relief as the court may deem proper.
13 Dated:
14
______________________________________
15 Print Name: ADOPTING PARENT’S NAME
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17 VERIFICATION
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I, ADOPTING PARENT’S NAME, am the petitioner in this matter. I have read the
19 foregoing Petition and know the contents thereof. The same is true of my own knowledge,
20 except as to those matters which are therein represented on information and belief, and as to
21 those matters which are therein represented on information and belief, and as to those matters, I
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believe to be true.
I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct.
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Dated: ______________________________________
25 Print Name: ADOPTING PARENT’S NAME
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1
CONSENT OF NATURAL PARENT
2
I, NATURAL PARENT’S NAME, am the natural mother/father of CHILD’S NAME,
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the minor subject to this proceeding and the spouse of the Petitioner, ADOPTING STEP
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PARENT’S NAME. I hereby consent to the request to terminate the parental rights to custody
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and control of the minor by the natural mother/father, PARENT’S NAME WHOSE RIGHTS
6 ARE BEING TERMINATED, and to the adoption request by the Petitioner.
7 I declare under penalty of perjury under the laws of the State of California that the
9 Dated:
10
______________________________________
11 Print Name:NAME OF NATURAL PARENT
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1 WRITE IN ADOPTING PARENT’S
NAME, ADDRESS AND
2 TELEPHONE NUMBER
4 In Pro Per
9
Case No.: CASE NUMBER HERE
10 In the Matter of the Adoption Petition of:
JUDGEMENT DECLARING MINOR
11 FREE FROM PARENTAL CUSTODY
AND CONTROL
12 ADOPTING PARENT’S NAME
Date:
13 Time: 8:30 A.M.
Dept.:
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Adopting Parent.
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17 NAME, a minor, free from the custody and control of PARENT’S NAME WHOSE RIGHTS
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ARE BEING TERMINATED, came on regularly for hearing on DATE OF HEARING,
petitioner appearing in Pro Per. The court having examined petitioner, ADOPTING
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PARENT’S NAME and other witnesses, and other evidence both oral and documentary having
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been introduced, and good cause appearing therefore, the court finds:
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1. Notice of the hearing on the petition was given by citation to NAME OF PARENT
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WHOSE RIGHTS ARE BEING TERMINATED, as prescribed by Family code Section 7881;
23 2. The Court Investigator of Stanislaus County Superior Court, California, has filed a
24 written report of his/her investigation of the circumstances of the child as required by Family
25 Code Section 7851, in which he/she recommends that CHILD’S NAME be declared free from
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WRITE IN NAME, ADDRESS AND
1
TELEPHONE NUMBER
the custody and OFNAME
control of ADOPTING
OF PARENTS WHOSE RIGHTS ARE BEING
STEP PARENT
2 TERMINATED. Further, NAME OF NATURAL PARENT has executed a consent to the
control
Write in: of his/her biological
CITATION TO PARENTparent, NAME OF
AND PETITION PARENTS
TO DECLARE WHOSE
MINOR FREERIGHTS ARE BEING
FROM PARENTAL
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CUSTODY AND CONTROL
TERMINATED , and there is no less detrimental alternative to provide for the child’s best
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CHECK interests.
DATE SERVED TIME SERVED
THE BOX
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THAT
APPLYS
WHEREFORE IT IS ORDERED that the child, CHILD’S NAME is freed from the
ADDRESS WHERE PARENT WAS SERVED
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custody and control of NAME OF PARENTS WHOSE RIGHTS ARE BEING
15 TERMINATED, and that ADOPTING PARENT’S NAME is hereby appointed guardian of
16 the child.
17 Dated:
CHECK
THE BOX ______________________________________
THAT
18 Judge of Superior Court
APPLYS NAME AND ADDRESS OF PERSON WHO
SERVED PARENT
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21DATE SIGNED
22 SIGNATURE OF SERVER
PRINT SERVER’S NAME
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