When Parent-Child Bonds are at stake, Knowing Your Next Steps Brings Clarity.

Nothing is more complex for a parent than the thought of losing their child forever. This can keep parents awake at night, worrying about their families. Learning more about the termination of parental rights in California can help if you’re trying to keep your family together or if you’re thinking about what’s best for your child.

Quick Summary:

• In California, termination of parental rights is a legal process that ends the relationship between a parent and their child. This means the parent no longer has the right to make decisions for the child, visit, or have custody.
• To end parental rights, there must be substantial proof that the parent is unfit. This proof can include records of abuse, neglect, abandonment, or lack of support.
• Termination is usually permanent, but California law allows temporary solutions like guardianship or custody. These options open the possibility of future contact between the parent and child.
• In some cases, a parent might give up their rights on their own, or the court may decide to take them away if it’s in the child’s best interest. The court always makes decisions with the child’s safety and well-being in mind, only after other options have been tried.

What Is Termination of Parental Rights in California?

When a court ends parental rights in California, it permanently removes all legal connections between a parent and their child. This serious decision means that parents can no longer make choices about their child’s life, spend time with them, or have any say in their future. Courts only take this step when they have clear proof it will protect a child from harm or give them a better chance at a safe, stable life.

What Changes When Parental Rights End

• You can no longer visit or have custody of your child. All contact must stop unless the new legal guardians allow it.
• Your child cannot inherit from you, and you are no longer responsible for paying child support.
• You can no longer decide about your child’s education, medical care, or daily life.
• You will not be legally responsible if your child gets hurt or causes damage to others.

California courts understand this is a life-changing decision.  They only terminate parental rights in particular situations, for instance, when the parent abuses the child or fails to provide for him/her and does not contact him/her for a long time. At times, parents may relinquish their rights to ensure that the kid can be placed in a home that will offer better care for their wellbeing. 

Common Grounds for Termination

Parents may lose their rights when it is deemed that continuing the relationship with that particular child is not in the child’s best interest. The common grounds for termination of such rights are the following: 

• Abandonment: Abandonment is as defined by California Family Code Section 7822 and occurs where the parent has manifested a clear, strong, and unmistakable desire to cut off all ties entirely with the child by not communicating with the child and or providing support for a certain period. Courts may terminate parental rights on grounds of abandonment if any of the following conditions are met:
  • Child Left in the Care of Another Without Support or Contact for Six Months: The court may consider it abandonment if a parent (or both parents) has left the child in the care of another person for a period of six months or more, provides no financial support and has no communication with the child with intent to abandon him or her. 
  • Child Left with the Other Parent for One Year Without Support or Contact: Abandonment also occurs when one of the parents takes a child to the other parent to be cared for and to live with for one year or more and makes no effort at all in supporting the child or visiting them. 
  • Parent’s Whereabouts Unknown for Six Months: If a parent’s whereabouts are unknown for six months or more, without the parent trying to reestablish contact, then this is deemed abandonment.
  • No Visitation or Attempt to Contact the Child for Six Months: This means that if a parent has not visited, contacted or supported the child financially for six months, the parent will be considered to have abandoned the child, and termination will be effected by the court if in the best interest for the child.
• Neglect or Cruelty: Neglecting to meet the most essential biological and psychological requirements such as food, housing, healthcare, and affection may result in dismissal. The court sees neglect and cruelty as a breach of the fundamental parental responsibility most especially when the life of the child is at risk.
• Felony Conviction Showing Parental Unfitness: Criminal history or activity, mainly where there is a felony charge that endangered children, can show that a parent is unfit and has one’s rights terminated.
• Substance Abuse or Immoral Behavior: Chronic substance abuse that interferes with a parent’s ability to care for their child is grounds for termination. 
• Mental Illness or Developmental Disability: If a parent’s mental illness or disability prevents them from fulfilling parental duties and endangers the child’s welfare, termination may be considered to protect the child.
• Physical or Sexual Abuse: Allegations of abuse are taken very seriously. California law allows for termination of parental rights if there is clear proof of abuse, as this is seen as a grave betrayal of the child’s safety and trust.

Methods of Termination

A parental bond can be terminated willingly or unwillingly, depending on the parent’s desire to give up on the child.

Parents may choose to give up their rights for adoption or other reasons. This can include:

• Relinquishment to Adoption Agencies: Parents may give up their rights to an adoption agency, which finds a new home for the child.
• Consent to Independent Adoptions: Parents can directly place the child with adoptive parents without using an agency, following legal guidelines.
• Agency Adoptions via the California Department of Social Services (CDSS): Parents give up their rights to the state, which then arranges adoption.
• Direct Placement with Adoptive Parents: Parents can choose adoptive parents, but the state and court must approve the arrangement.

The state can seek to terminate parental rights when a parent is unfit or the child is at risk. This includes:

• Juvenile Dependency Court: Parental rights can be terminated in cases of abuse, neglect, or danger to the child, ensuring the child’s safety and stability.
• Family Court Adoption: The family court may terminate parental rights to facilitate adoption by a stepparent or domestic partner if it’s in the child’s best interest.
• Stepparent or Domestic Partner Adoption: If a stepparent or partner wants to adopt, the court may terminate the biological parent’s rights if it’s best for the child.

Special Considerations in California Parental Rights Termination Cases

When the parent’s rights of their child are at issue in California, several important factors are taken into consideration to ensure that the child’s best interest is met. At the same time, all parties are also given equitable treatment. Here are some key areas courts take into account:

Best Interests of the Child Standard

The primary guiding principle is the child’s best interests. This means the court focuses on the child’s safety, happiness, and emotional well-being. The court looks at how decisions will impact the child’s stability and future, ensuring their needs are met.‘

Indian Child Welfare Act (ICWA) Implications

Specific rules apply if a child is Native American; the tribe must be included in planning for the child’s future. Native American children should not be coerced and have no rights or Indian identity removed from them.

Public Assistance Cases

If the child or their family receives public assistance, such as state support, the court may consider whether government involvement affects the termination decision. The court aims to ensure the child’s well-being without causing additional strain or state expenses.

Restrictions on Termination

Sometimes, courts may restrict or avoid extinguishing parental rights despite the parent not being very active. These restrictions include:

• Child Living with a Relative Who Can’t or Won’t Adopt:  If a child resides with someone who is a close relative but cannot or simply does not wish to adopt, the court may refrain from severing parental rights and preserving the family connections.
• Regular Parental Visitation: In any given case where the parent has been frequenting or contacting the child in the past, a court may be reluctant to block this kind of contact because it may be vital to the child’s well-being to continue visiting.
• Child’s Objection (Aged 12 and Up): The opinions of children who are 12 years old and older are considered. In particular, where a child does not want to be separated from a specific parent, the court may consider this.
• Child in a Residential Treatment Facility: If the child is in treatment at a facility, the court may avoid terminating parental rights to ensure the child maintains family support during treatment.
• Interference with Sibling Relationships: If terminating parental rights would harm the child’s bond with siblings, the court may reconsider, aiming to preserve sibling relationships when possible.

The Process of Terminating Parental Rights

The process for terminating parental rights in California involves a series of legal steps and requirements. This explains what each part of the process looks like to give you a better understanding of how these cases are handled.

Filing Requirements

1. Petition Filing in the Appropriate County: The process begins when someone, often a relative or social worker, files a petition in the family court where the child lives. This petition formally requests the termination of a parent’s rights, providing specific reasons and evidence to support this action.
2. Investigation Questionnaire Completion: Once the petition is filed, the person filing must complete an investigation questionnaire. This document provides important information about the family, the child’s current situation, and why the termination is requested. The court uses this information to get a clear picture of the case.
3. Citation for Hearing: A citation (or official notice) is usually issued to inform all involved parties about the hearing. This ensures that the parent whose rights might be terminated knows the court date and has a chance to attend. It also allows them time to prepare to contest the termination.

Court Proceedings

1. Evidentiary Standards: In the hearing, the court needs strong proof, called “clear and convincing evidence,” to decide if parental rights should be taken away. This means the evidence must show that ending the parent’s rights is necessary for the child’s safety or well-being. This rule helps protect parents and ensures that only serious situations lead to termination.
2. Role of Qualified Witnesses: Sometimes, professionals like social workers, psychologists, or family therapists are asked to give their opinions. They can explain the child’s needs and whether the parent can meet them. Their testimony helps the judge decide if ending parental rights is in the child’s best interest.

Limitations and Exceptions to Termination

Ending parental rights is usually the last choice when the child should be placed for adoption or with a permanent family. However, there are situations where termination may not happen or is limited to protect the child’s best interests. Here are some cases where termination might not be allowed.

Cases Where Termination Is Not Permitted

The court has to carefully think about whether ending parental rights could hurt the child. For example, if taking away parental rights would harm the child by breaking their connection with siblings, the court may decide not to do it. The child’s well-being is the most important thing, and sometimes keeping family bonds strong is the best option.

When the Child Resides with a Relative

If a child lives with a close relative, like a grandparent or aunt, the court might decide not to end parental rights. Keeping the child in the family can give them stability and emotional security, and it may not be necessary to go through the adoption process.

Reinstatement of Parental Rights

In some cases, if parental rights are taken away, they might be given back if the child is not likely to be adopted. If the child has not formed a strong bond with an adoptive family, the court may decide the child should go back to their parent, primarily if the parent has worked on making their home safe and stable.

Consequences of Termination of Parental Rights

When a parent’s rights are terminated, it has lasting effects on the family and legal relationships. Here’s what changes when parental rights are legally ended:

End of the Legal Parent-Child Relationship

Termination of parental rights ultimately ends the legal relationship between the parent and child. The parent has no legal say over the child’s life, such as where the child lives, their education, or medical decisions. Legally, it’s as if the parent is no longer connected to the child.

Impact on Inheritance, Custody, Visitation, and Support Obligations

With parental rights terminated, a parent loses all inheritance rights from the child and vice versa. This means the child cannot inherit anything from the parent unless specified in a will, and the parent has no claim to the child’s inheritance. Termination also ends child custody and visitation rights, meaning the parent cannot request time with the child. Additionally, the parent is no longer required to pay child support, as they are no longer considered the child’s legal guardian.

Effect on Adoption Proceedings

Once parental rights are terminated, the child can legally adopt. This is usually when a stepparent, a relative, or an adoptive family wishes to adopt the child and give the child a permanent home. Adoption formally changes the child’s legal status and places him/her with a family that can offer a proper home and care.

Parental rights can feel overwhelming. Get the help you need.

Deciding about parental rights is never easy, but there are supportive options to explore. If you’re facing this situation, it’s important to focus on your child’s well-being and seek guidance to make informed choices for their future.

At Trevino Law, we understand how overwhelming family law issues can be. If you’re dealing with custody, domestic violence, or divorce, our Orange County team is here to provide compassionate support for you.

Call us to schedule a consultation if you’re uncertain about your next steps or need help with a family law matter. We will give you peace of mind and the support you need to move forward confidently.