California Termination of Parental Rights
In California terminating the rights of one parent is not a very common occurrence. Usually parents are involved in the lives of their children. Sometimes, depending on the circumstances, it may be necessary or desirable to terminate the parental rights of one parent, usually the noncustodial parent. Often this may happen during the course of a step-parent adoption, but it is sometimes possible to bring a termination action without an adoption pending. In some cases, it is possible for the custodial parent to terminate the parental rights of the noncustodial parent due to extreme conditions affecting the well being of the child so that it is in the child's best interests to terminate the parental rights of the other parent. Circumstances that may give rise to a termination case often involve one parent abandoning the child into the custody of the other parent with little or no contact for a long period of time, often a year or more. There may also be no financial support given or paid on behalf of the child for a long period of time (generally a year or more). In some cases, a termination case may be brought on moral grounds, usually due to the criminal background of one party.
Terminating a parent's rights can be a complicated and emotional procedure requiring knowledgeable professional assistance. If you are the custodial parent considering terminating the parental rights of the noncustodial parent, call us today to discuss your options with a knowledgeable attorney.
Termination of Parental Rights - Orange County, Riverside, Los Angeles, and San Bernardino
Attorney Derrick Taberski is based in the city of Orange, California. He offers a full range of family law services including termination of parental rights and is very familiar with local courts. Whether you are seeking to terminate parental rights as part of an adoption proceeding or not, Derrick can help you with your case.
The procedures for termination cases are set forth in the Family Code, and as the procedures are similar throughout California, attorney Taberski can assist you with your termination of parental rights case not only in Orange County but also in Los Angeles, Riverside, and San Bernardino.
Circumstances allowing for Termination of Parental Rights
The California Family Code addresses the circumstances around which one parent might ask the court to terminate the parental rights of the other parent. While there are numerous other codes that describe various circumstances warranting a termination, in the post divorce context the most common reasons for terminating parental rights are not paying support and not having contact the child for a long time. The codes addressing termination are numerous, but you can get a feel for the circumstances that might give rise to a termination by reading just one of them. Below is an excerpt from Family Code section 7822:
(a) A proceeding under this part may be brought if any of the
following occur:
(1) The child has been left without provision for the child's
identification by the child's parent or parents.
(2) The child has been left by both parents or the sole parent in
the care and custody of another person for a period of six months
without any provision for the child's support, or without
communication from the parent or parents, with the intent on the part
of the parent or parents to abandon the child.
(3) One parent has left the child in the care and custody of the
other parent for a period of one year without any provision for the
child's support, or without communication from the parent, with the
intent on the part of the parent to abandon the child.
(b) The failure to provide identification, failure to provide
support, or failure to communicate is presumptive evidence of the
intent to abandon. If the parent or parents have made only token
efforts to support or communicate with the child, the court may
declare the child abandoned by the parent or parents. In the event
that a guardian has been appointed for the child, the court may still
declare the child abandoned if the parent or parents have failed to
communicate with or support the child within the meaning of this
section.
(c) If the child has been left without provision for the child's
identification and the whereabouts of the parents are unknown, a
petition may be filed after the 120th day following the discovery of
the child and citation by publication may be commenced. The petition
may not be heard until after the 180th day following the discovery of
the child.
(d) If the parent has agreed for the child to be in the physical
custody of another person or persons for adoption and has not signed
an adoption placement agreement pursuant to Section 8801.3, a consent
to adoption pursuant to Section 8814, or a relinquishment to a
licensed adoption agency pursuant to Section 8700, evidence of the
adoptive placement shall not in itself preclude the court from
finding an intent on the part of that parent to abandon the child. If
the parent has placed the child for adoption pursuant to Section
8801.3, consented to adoption pursuant to Section 8814, or
relinquished the child to a licensed adoption agency pursuant to
Section 8700, and has then either revoked the consent or rescinded
the relinquishment, but has not taken reasonable action to obtain
custody of the child, evidence of the adoptive placement shall not in
itself preclude the court from finding an intent on the part of that
parent to abandon the child....
Again, the above code excerpt describes just a few of the circumstances that might give rise to terminating the other parent's rights. Depending on the facts of your case, there may be some other basis on which to bring a termination case. Call our office today to discuss the details of your case.
Attorney Derrick Taberski provides free initial consultations for people considering bringing a termination case.
To contact us, please follow the link below or call us at (714) 900-3627.