The termination of parental rights is a serious matter that can have significant consequences for the parent and child. If there is clear and convincing evidence that a child’s best interests would be protected by terminating or ending a parent’s involvement, parental rights may be taken away involuntarily. A parent can also choose to terminate his or her rights voluntarily in California.
What Is the Termination of Parental Rights?
The termination of an individual’s parental rights in California means that the parent will no longer be connected to the child on a legal level. It is a court order that permanently ends the legal parent-child relationship.
After termination, the parent will not have any legal rights or obligations related to the child. This includes no custody or visitation rights, no legal authority to make important decisions for the child, and no inheritance rights. It also means no legal responsibilities, such as having to pay child support.
Two Types of Parental Rights Terminations
The termination of parental rights is something that the courts in California take very seriously. It is a decision that can have immense legal and emotional consequences for both parent and child. In California, there are two main ways a person could lose parental rights: voluntarily and involuntarily.
Voluntary
If a parent does not have a relationship with a child, he or she may choose to voluntarily terminate parental rights to allow the child to be adopted by someone else. Note, however, that the courts will not grant a request to voluntarily terminate parental rights if it is not in the child’s best interests. They will not approve a request if it is made solely as an effort to avoid paying child support, for example.
Involuntary
The other possibility is an involuntary termination of a parent’s legal rights regarding a child. In California, a judge may order the termination of parental rights in various circumstances:
- The parent has abandoned the child and the parent’s location is unknown.
- The parent willfully abandoned the child and this itself constitutes a serious danger to the child.
- The child has been removed from the parent’s care due to physical or sexual abuse.
- The children’s siblings or half-siblings have been removed from the parent’s care due to severe sexual abuse or severe physical harm.
- The parent has caused the death of another child through abuse or neglect.
- The child was conceived as a result of the parent sexually abusing another child.
- The parent has been convicted of a violent felony crime, such as murder or rape.
- The parent has a history of extensive, abusive and chronic use of drugs or alcohol and has refused to comply with court-ordered treatments.
- The parent has willfully abducted the child (or siblings/half-siblings) in the past.
- The parent knowingly participated in or permitted the sexual exploitation of the child.
In general, the courts will only order the involuntary termination of parental rights if there is someone available to assume these rights for the child, such as by adopting the child. The courts will not end this legal relationship if it will leave only one parent responsible for the care and support of the child.
How to Terminate Parental Rights in Orange County
In general, after termination, a parent cannot regain his or her legal rights over a child. The parent cannot sue for parental rights or custody rights in the future. Voluntary termination is almost always permanent. Involuntary termination may be appealed, but only in rare circumstances, such as in the case of a legal error.
If you wish to terminate your own or someone else’s parental rights over a child in Orange County, start by consulting with an Orange County family attorney. This is a complex legal process, and the stakes are high. A lawyer can help you understand and protect your rights. Whether you want to terminate or keep your parental rights, a lawyer can help you achieve your goals with personalized legal strategies.
Terminating parental rights is a serious and typically irreversible decision. If you have this type of case in Orange County, consult Boyd Law today to understand your legal rights fully before proceeding.
