Raising a child is a difficult process, particularly when one of the child’s parents does not want the other parent engaged in the child’s life. In many circumstances, the mother is raising the child and believes that it is in the best interests of the child if the father is not there. This is most often when the father has been physically violent to the mother or kid, or when he has become a “deadbeat parent” owing to addiction.

Dads aren’t the only ones who have their parental rights revoked. It’s not always the biological mother who has abandoned her child, who has taken to the streets due to a drug addiction, or who has run away from parenthood because it’s too much to bear.

California, like the majority of states, takes parental rights seriously. The state does not take away a person’s parental rights without careful deliberation and examination of the facts. However, there are times when terminating a mother’s or father’s parental rights is in the best interests of the child. Continue reading to find out when and how parental rights in California are terminated.

When Are Parental Rights Terminated?

When a court orders a parent’s parental rights to be “terminated,” the legal relationship between the parent and the kid is permanently ended. The following rights are terminated as a result of such a court order:

Child support

Custody

Visitation

Medical insurance

Social Security

Responsibility for the child’s misconduct

Inheritance

Parental rights can be revoked voluntarily by the parent or involuntarily by a family court. In most cases, parental rights are involuntarily terminated to enable for the adoption of a child by a stepparent, an adoption agency, or an independent party.

When your parental rights are terminated, a court order is issued. You can’t get out of paying child support or other parental responsibilities in most cases. However, there are some conditions in which these responsibilities may be terminated.

When the father was married to another woman at the time of the child’s birth, the father’s paternal rights could be terminated voluntarily. On the other hand, sometimes the mother simply does not want the father involved because she does not love or like him, and she would prefer to raise the child alone.

What about cases of adoption?

Let’s say a mother wants to give her baby up for adoption, but the father refuses or cannot be found. In that case, the mother will need to petition the court to have the father’s parental rights terminated. She’ll also have to appear in front of a judge for a hearing. This is true for fathers who want to place their child for adoption.

If a father is raising his baby and the mother’s whereabouts are unknown; for example, because she is a drug addict or abandoned her baby, or if the mother refuses to consent to the adoption – the father will have to go through the same steps mentioned above. He’ll have to petition the court to have both his and the mother’s parental rights terminated so he can allow his baby to be adopted.

Termination of Parental Rights Forms

There is no formal form for terminating parental rights in California courts. Our recommendation is to hire a family law professional to assist you in drafting a pleading. Family Code Section 7820, which deals with the termination of parental rights in California, is a good place to start learning more about the law.

If you decide to ask the court to terminate parental rights, you should base your motion on one of the criteria listed below. One or more of the following grounds should be explicitly stated in your pleading:

• Abandonment pursuant to Sec. 7822 of the Family Code.
• Cruelty or neglect pursuant to Sec. 7823 of the Family Code.
• Parent disabled because of acts of to moral depravity or substance abuse pursuant to Sec. 7824 of the Family Code.
• Parent has been convicted of a felony pursuant to Sec. 7825 of the Family Code.
• Parent is diagnosed with mental illness or a developmental disability pursuant to Sec. 7826 of the Family Code.
• Parent is mentally disabled Pursuant to Family Code Sec. 7827.

When a Court Orders Parental Rights Termination

As previously stated, the courts take parental rights seriously and are not quick to terminate parental rights simply because one parent does not want the other parent involved in the child’s life. In general, the court will only terminate parental rights when another person wishes to step in and take on the position of adoptive stepparent or adoptive parent. 

“Say the other parent is a convicted felon or a drug addict?  What happens then?”

“Is it possible for the court to revoke their parental rights because they are morally reprehensible?” 

No, the court would not terminate the person’s parental rights if doing so would leave the child with only one parent who is responsible for caring for and financially supporting the child.

Furthermore, terminating a parent’s parental rights does not erase the obligation to pay child support. If there are child support arrears, they must be paid up until the termination of parental rights.

“How about if the other parent hasn’t spent much time with their child?” 

Custodial parents frequently fear that the absent parent will reappearance one day and attempt to gain custody or visitation of their child. With the exception of domestic partner and stepparent adoptions, an absent parent is not grounds for terminating parental rights. When someone else, such as a stepparent or domestic partner, is attempting to officially adopt the kid, the termination request is given more weight.

If you have more questions about terminating parental rights in California, or if your child’s other parent is attempting to terminate your rights, we may be able to help you.  Contact the family law attorneys at Spodek Law Group today.