Termination of Parental Rights Laws in California
If a parent abandons their child or is otherwise unable to care for them, courts can terminate their parental rights. Here’s what you need to know about California Family Code Sections 7820-7827.
California Family Code Sections 7820-7827 deal with the termination of parental rights as a result of child abandonment, neglect, or inability to parent. These sections provide courts the authority to declare children free from the custody and control of their parents and detail the circumstances under which courts may do so.
Sections 7820-7827: An Overview
California Family Code Sections 7820-7827 comprise Chapter 2 of California Family Code Division 12 Part 4. This part of the family code is entitled “Freedom From Parental Custody and Control”, and this specific chapter is entitled “Circumstances Where Proceeding May Be Brought”. In short, this means that these sections of the Family Code describe the circumstances in which a court procedure to terminate parental rights may be undertaken. The different sections describe different requirements to bring a proceeding to terminate parental rights based on certain circumstances.
What does terminating parental rights mean?
In California, the termination of parental rights is a court order that legally ends the parent-child relationship. When parental rights are terminated, the parent no longer has legal rights or responsibilities regarding the child. For example, the parent has no responsibility to regulate the child’s conduct, and as such cannot be held liable for anything that the child does. Furthermore, the parent can no longer have custody or visitation with the child, and the child will not receive an inheritance from the parent.
Because this is a very serious matter and because the termination is permanent, family courts are extremely hesitant to terminate parental rights. Therefore, while proceedings may be brought under many different circumstances, that does not mean that courts will automatically order the termination of parental rights simply because the criteria are met to bring the case. If you are in need of legal assistance in order to terminate parental rights, contact Her Lawyer to be put in touch with an expert family law attorney who will help prove that this termination is necessary.
Related: How to Terminate Parental Rights in California
California Family Code Section 7822: Child Abandonment
Section 7822 describes the circumstances in which child abandonment can result in a proceeding to terminate parental rights. This section states that the proceeding may be brought if any of the following occur:
- The child has been left without identification (such as a birth certificate) or provision for identification by either or both parents
- The child has been left in the sole custody of another person for 6 months, during which the parent or parents did not provide for the child’s support or communicate with the child with the intent of abandoning the child
- One of the parents has left the child in the custody of the other parent for 1 year, during which the parent or parents did not provide for the child’s support or communicate with the child with the intent of abandoning the child
Related: Child Abandonment Laws in California
California Family Code Section 7823: Neglect
Section 7823 describes the circumstances in which neglect can result in a proceeding to terminate parental rights. Both of the following requirements must be satisfied:
- The child has been neglected or cruelly treated by one or both parents, AND
- The child has been a dependent of the juvenile court for at least one year, during which the parent or parents have not had custody of the child
California Family Code Sections 7824-7827: Other Scenarios
Section 7825 deals with felonies in relation to terminating parental rights. A proceeding may be brought if both of the following are true:
- A parent is convicted of a felony, AND
- The crime committed was of such a nature as to demonstrate that the parent is unfit to be the child’s parent
Importantly, this section also contains a provision stating that if the child is conceived through non-consensual intercourse, then the mother may bring a proceeding to terminate the parental rights of the father.
Sections 7824, 7826, and 7827 each deal with a parent’s inability to parent. Section 7824 states that a proceeding to terminate parental rights may be brought if the parent is disabled due to substance or alcohol abuse. Section 7826 states that a proceeding may be brought if a parent is developmentally disabled or mentally ill and the parent is found by a medical professional to be unable to adequately parent the child. Finally, Section 7827 states that a proceeding may be brought if the parent is mentally disabled, which means that they suffer a mental incapacity that renders them unable to care for the child for the foreseeable future.
FAQs about Family Code Sections 7820-7827
What is the purpose of these sections?
These sections describe when a proceeding to terminate parental rights may be brought.
What does terminating parental rights mean?
To terminate parental rights is to receive a court order that permanently ends the legal parent-child relationship.
What are the general scenarios in which a proceeding to terminate parental rights may be brought?
The general scenarios are child abandonment, child neglect, parental disability due to substance or alcohol abuse, parental felony conviction, developmental disability of a parent, and mental disability of a parent.
If my situation meets the criteria to bring a proceeding to terminate parental rights, does that mean the court will grant it?
No. These are merely the requirements to bring the proceeding, but that does not mean that it will necessarily be granted. Courts take the termination of parental rights very seriously and generally do so only in extreme circumstances.
How can I make sure that the court will grant the order?
Get in contact with an expert family law attorney who will help you prove to the court that the termination of parental rights is the right path in your specific case.
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If you have any more questions about California Family Code Sections 7820-7827 and the termination of parental rights, contact us. Get your free consultation with one of our experienced family law attorneys in California!