Appealing Involuntary Termination of Parental Rights in California
Parents can appeal the involuntary termination of their parental rights. Here’s how to fight the termination of parental rights in California.
To fight the termination of your parental rights in California, you must first file a contested response to the petition. Attend the dated court hearing, and prove to the judge that you’re a fit parent. If the judge believes you are a fit parent, they will deny the petition to terminate your parental rights.
What is the termination of parental rights in California?
A termination of parental rights is a court order that legally ends a parent’s right and obligation to be responsible for a child. This order legally terminates a parent’s right to custody, visitation, inheritance, but also alleviates legal obligations such as child support and liability.
Responding to a Petition to Terminate Your Parental Rights
Under the California Family Code 7820, a parent can file a petition to terminate the other parent’s parental rights. When the parent fills out and files this petition with the court, they will receive a court hearing date. The petitioning parent will serve the petition to the other parent, who can then file a response.
The receiving parent can file either an uncontested or contested response to the petition. An uncontested response means that a parent is voluntarily terminating their parental rights, so you won’t want to file that. If a parent files a contested response, the termination of parental rights must proceed in court.
Read the Petition
You likely were served two forms: a Petition to Terminate Rights and a Notice of Hearing. Next to each section in the petition, write which requests you agree and disagree with. The petition is not a court order; it’s essentially a request from one parent to terminate the other parent’s parental rights.
Read the details of the petition, including the other parent’s requests. Look for the date of your court hearing, which should be stated on the petition or Notice of Hearing. At the court hearing, you’ll be able to explain to the judge why your parental rights should not be terminated.
File a Contested Response
In your contested response, include which parts of the petition you agree or disagree with. File your contested response with the court as soon as possible after you receive the petition. It’s important that this document is properly completed and filed, so hire an attorney that can help you.
Serve the Contested Response
Get someone over the age of 18, a process server, to serve this paper to your spouse. Serving a contested response correctly is difficult yet very important. One of our experienced attorneys can help you serve your contested response.
Proving You’re a Fit Parent in Court
Attend the court hearing posted on the Petition or Notice of Hearing. In court, you’ll need to prove to a judge why the termination of your parental rights is unreasonable. Provide evidence that substantiates your claim that you are a fit parent. If a judge believes you are unfit to parent, they will grant the petition to terminate your parental rights and issue a legally binding court order.
Parents often petition to terminate parental rights by claiming that the parent abandoned, neglected, or was cruel to the child. A parent’s criminal record of substance abuse can be used as grounds to terminate parental rights as well. You’ll ultimately want to disprove any false claim that the petitioner is making. The case will be dismissed if a judge believes you are fit to parent and that there are no grounds to terminate your parental rights.
Stopping the Termination of Your Parental Rights
The best way to fight the termination of your parental rights is to hire an experienced child custody attorney. The termination of parental rights is a complicated legal process; it’s important to have a knowledgeable lawyer that knows how to protect your custody rights. An experienced child custody attorney can help you stop the termination of your parental rights in court.
Free Consultation With a Child Custody Attorney in California
If you need legal help to appeal and fight the involuntary termination of your parental rights, contact us. Our child custody attorneys help parents keep custody of their children throughout the state of California. Get your free consultation with one of our experienced attorneys in California today!