Generally, if a child has a presumed father, he/she may not be adopted unless both parents consent to it [Fam.C. § 8604(a)]. However, there are instances when a child could be given up for adoption if one birth parent has been awarded custody by judicial order, or has custody by agreement of both parents, and the other birth parent for a period of one year willfully fails to communicate with and to pay for the care, support, and education of the child when able to do so [Fam.C. § 8604(b)]. In such cases, the birth parent having sole custody may consent to the adoption, but only after the other parent who does not have custody has been served a copy of the citation.In all cases involving children, the courts will take the best interest of the child in utmost consideration. Work with an attorney who is an expert in Family Law for a more detailed legal advice and guidance.
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