Termination of Parental Rights in California
Parents can petition to end the parental rights of an unfit parent. Here’s how to terminate parental rights in California.
To terminate parental rights in California, you must first find grounds for petition. Then fill out, review, and file the termination of parental rights forms with your local court clerk, who will give you a court date. Serve the papers to the parent, then prove in court why parental rights should be terminated.
What does it mean to terminate parental rights?
Termination of parental rights is a court order that ends a parent’s right to custody, visitation, and inheritance, but also ends their legal obligation to pay child support or be liable for the child’s actions. Legally speaking, the individual whose rights were terminated is no longer the child’s parent.
In California, parents can request to have parental rights terminated. There is a specific legal process a parent must follow in order to properly terminate parental rights.
Find Grounds to Terminate Parental Rights
To successfully terminate parental rights, you’ll need to find proper grounds for termination. Under California law, a parent may terminate parental rights based on the following grounds:
- Child abandonment or abuse
- Child cruelty or neglect
- A parent’s substance or alcohol abuse
- A parent’s “moral depravity”
- A parent’s felony conviction
- If the parent is declared mentally ill or developmentally disabled
- Failure to pay child support
- The child’s preferences
- Other factors that affect the child’s best interests
This is not an exhaustive list; a judge may consider many other factors when deciding whether to terminate parental rights.
Complete, Review, and File California Termination of Parental Rights Forms
You’ll first want to fill out a Petition to Terminate Parental Rights. Completing and filing the document is complicated, so hire an attorney that can help you through the legal process. In your petition, state the grounds for termination and exactly what parental rights you want to have terminated.
Serve the Parent
After the necessary forms have been filed, you’ll need to get someone over the age of 18 to serve these forms to your child’s parent. An attorney can help you properly serve the California termination of parental rights forms to the other parent. The service of process will likely include a Petition and Notice of Hearing.
A court hearing will be held to decide whether or not parental rights should be terminated. If the other spouse files a contested response to the petition, they will attend the court hearing and explain to a judge why they should keep their parental rights.
However, a parent can file an uncontested response or not respond to the petition at all. If the parent does not respond to the petition, they will not be allowed to attend the court hearing and the judge will make a decision without their presence. If an uncontested response was filed, the is essentially agreeing to the terms of the petition; the parent can still attend the court hearing.
Attend the Court Hearing
At the court hearing, the parent will be able to defend their parental rights and prove why they should not be terminated. You’ll ultimately want to prove that this person is unfit to parent, so bring evidence that substantiates your claims. The best way to protect your rights in court is to hire an experienced child custody attorney. One of our child custody attorneys in California can help you win your case.
If a judge believes that the petition was requested on proper grounds and the parent is unfit to parent, they will terminate parental rights and issue a court order. If the court finds that the grounds for termination are improper and that the parent is fit to parent, the judge will dismiss the case.
Terminating Parental Rights of a Noncustodial Parent in California
In California, custodial parents can terminate the parental rights of a noncustodial parent. Custodial parents must first find grounds for termination, then complete and file the necessary forms with the court. Both parents may then attend a court hearing, and a judge can decree a court order terminating parental rights.
Voluntary Termination of Parental Rights
A much easier way to terminate parental rights is for the parent to voluntarily do so. Voluntary termination of parental rights means that a parent is either agreeing to a petition or relinquishing their parental rights. This process is much faster and requires very little paperwork to be filed with the court.
Related: How to Give Up Parental Rights and Not Pay Child Support
How long does it take to terminate parental rights in California?
The legal process of terminating parental rights can take anywhere from a few weeks to months. When parental rights are voluntarily terminated, the process is fast and only requires the filing of some paperwork. If the parent contests the petition, a drawn-out court saga can last for months.
Free Consultation With a Child Custody Attorney in California
If you need help terminating parental rights in California, contact us. We’ll get you in touch with an experienced child custody attorney that can help you with your legal matter. Get your free consultation with one of our expert child custody lawyers today!