Terminate Parental Rights in San Diego, CA
In most divorce cases involving children, parents work out child custody and visitation arrangements that allow both to stay involved in the child’s life. Even after separation, each parent usually maintains a legal and emotional relationship with their child. However, in rare and serious situations, one parent may ask the court to legally terminate the other parent’s rights.
Termination of parental rights is a significant legal step. It permanently ends the parent-child relationship and all associated rights and responsibilities, including custody, visitation, support, and inheritance. If you’re dealing with this complex issue in San Diego, CA, reach out to San Diego Divorce Lawyers, APC for guidance. Our San Diego family law lawyers are here to support you. Call us at (619) 866-3756 for more information.
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Why Choose San Diego Divorce Lawyers to Help Me With the Termination of Parental Rights in California?
Clients in San Diego, California turn to San Diego Divorce Lawyers for help with all their family law needs because:
- Attorney Puja A. Sachdev is a Certified Legal Specialist in Family Law, so she has thorough knowledge of a wide range of family law matters.
- Our San Diego divorce lawyers have over 30 years of experience helping family law clients.
- We will always give you the personal attention and respect that you deserve during this situation.
No matter which side of this situation you find yourself in, our team is here to help. Contact us today to schedule a complimentary case evaluation with a San Diego child custody attorney, and let us use our experience to your advantage.
Legal Causes for Terminating Parental Rights in California
There must be some legal cause for a court to terminate parental rights in California. One spouse being mad at the other is not sufficient grounds to terminate a parent’s legal rights.
In fact, the rule in California is that it is in a child’s best interests to have continued contact and a relationship with both parents whenever possible. Therefore, terminating parental rights is a serious situation that is not taken lightly by the courts.
California law specifies the scenarios in which parental rights may be involuntarily terminated. Those situations include:
- Abandonment
- Neglect or cruelty
- The felony conviction of the parent
- Alcohol or substance abuse
- Moral depravity
- Parent declared developmentally disabled or mentally ill
The request for termination of parental rights is often filed along with the divorce decree. However, this request may also be filed separately from the divorce decree. The court may also terminate parental rights outside of divorce proceedings. For instance, the request may come from a child protective agency, stepparent, or other interested party.
What Happens After the Petition to Terminate Parental Rights Has Been Filed?
After the petition to terminate parental rights has been filed, the court will schedule a hearing on the matter. Both parties will be allowed to present evidence supporting their side of the case. The judge will listen to all the evidence presented and make a final decision. If the parent whose rights are being terminated fails to appear at the hearing, they may lose their parental rights by default.
Before moving forward with termination, collect any evidence you can: medical reports, communication records, proof of support, or neglect. You have the right to legal representation, and the court must hear both sides. A strong attorney will help you build your case and protect the child’s best interests.
Voluntary Termination of Parental Rights
In some situations, a parent may voluntarily agree to have their parental rights terminated. This often occurs when one parent has remarried and the stepparent wishes to adopt the child. If there is a pending adoption proceeding, then the parent may decide to voluntarily terminate their rights. This would be done in the best interest of the child.
However, you should keep this in mind. A parent cannot voluntarily terminate their parental rights simply to avoid financial obligations. For instance, you may not terminate your parental rights just to avoid paying child support. Voluntary termination of parental rights only applies when someone else is adopting the child.
Contact Our San Diego Divorce Lawyers Today to Arrange a Complimentary Case Evaluation
Termination of parental rights is a very serious matter with long-lasting legal effects. You should not attempt to navigate this complex situation without the help of an experienced San Diego divorce attorney. If you need help with the termination of parental rights in San Diego, CA, contact the experienced team at San Diego Divorce Lawyers today for a complimentary case evaluation.
