Raising a child is challenging enough but it can be even harder if one of the parents does not want to be a parent. In other cases, it may be that the custodial parent does not want the other parent involved at all, whether due to prior abuse or other reasons. As is true in most states, California takes parental rights seriously. Keep reading to learn how and when they can be terminated and then contact Kendall Gkikas & Mitchell at 909-482-1422 if you are in need of the advice of a family law attorney.
What does it mean to terminate a parent’s rights?
When we discuss terminating a parent’s rights, we are taking about a court issue that permanently ends a legal relationship between a child and a parent. The rights that are terminated include child custody, social security, visitation, medical insurance, child support, inheritance, and liability for the conduct of the child.
Parental rights can be terminated voluntarily or involuntarily
In some cases, parental rights are terminated voluntarily by a parent who does not want to be involved in the life of their child. This most often includes fathers who do not want to be in their child’s life and do not want to have any legal obligation to pay child support. For example, in the case where the man hardly knew the mother, he may not want to be involved.
A family court can also involuntarily terminate custody. This is most often the result of one parent being found unfit to be a parent. It will not happen without court appearances and careful consideration by the judge and the state.
Parents can terminate parental rights so their babies can be put up for adoption
If a mother wants to put your baby up for adoption then the woman can simply sign away her rights. However, if the father does not want to put the baby up for adoption but also does not want to raise the child, or if the child cannot be found, then said mother will need to file a petition to terminate the father’s parental rights. This will involve a hearing with the judge and the same situation would be relevant if the father wanted to put the baby up for adoption but the mother could not be found.
Contact an attorney if you want to terminate parent rights
There is no single form that can terminate parental rights in California. Instead, you will want to have a family law attorney draft a pleading. They can ensure that all bases are covered and give you the best possible chance of getting what you are looking for.
At Kendall Gkikas & Mitchell we understand that any situation in which parental rights are terminated is a complicated situation. We are here to help you through this. No matter which side of the puzzle you are on, you can count on our unbiased and honest advice. Contact us today at 909-482-1422 to get started.
