Legal Grounds for Termination of Parental Rights in California

Posted by teresabeyers on May 6th, 2019

Caring for children is no easy feat, especially in their formative years. Minors are impressionable and in need of care and attention. However, some factors can hinder parents from performing their duties effectively, such as psychologicalincapacity and financial instability. Parental neglect, for whatever reason, results in child abandonment.

Luckily, children's welfare is protected by law. If you need assistance on a child abandonment case, a family law firm in Los Angeles can provide you with legal guidance.  

Grounds for Termination

According to Section 7820 of the California Family Code, the court can strip an individual ofparental or custodial rights. This applies to parents who have abandoned their children. By the law's definition, "abandonment" comes in 3 forms: (1) if the parent doesn't financially support the child for a whole year,(2) if the parent has had little to no contact with the child for the same period of time, and (3) if the parent is determined to disown their child. If a parent is found guilty of any one of those acts, their parental and custodial rights can be revoked.

Who and When to Bring Up the Case

Any adult related to the abandoned minor can file a case in court. According to the California Family Code, the child's legal parent, grandparent, step-parent, or adult sibling can sue a parent or guardian for child abandonment. Legal guardians who have taken responsibility of the child due to parental absence are also allowed to lodge a case.    

A child abandonment case may be raised when (1) a child has been neglected without legal identification and (2) no financial support has been given to, and no communication has been made with, the child in 6-12 months.

How to Prove It

The California Family Code section 7822(b) considers the following as proof of abandonment:

1. The parent or parents have left the child with no legal documents.
2. They haven't financially supported their child for an extended period.
3. They haven't communicated with their child for an extended period.

The court won't accept a parent's half-hearted attempts at supporting and communicating with the child. The court may appoint a legal guardian to care for the abandoned child in place of the parent proven guilty of child abandonment.

Why This Case Should Be Pursued

Say that a child has been born to a psychologically incapacitated parent;this parent may not carry out his or her parental dutieswell. In this case, the child can be declared abandoned and transferred to the care of a qualified individual. This case can also be pursued for adoption. A person married to an individual with kids may want to adopt his or her new step-children. For the adoption to take place, the kids' other biological parent has to waive his or her parental rights.    

For expert advice on legal concerns, especially those involving kids, contact a family law firm in Los Angeles today.