Termination of Parental Rights

Termination of parental rights will be addressed in the context of Family Law and not the Juvenile Dependency Court.  Termination of parental rights is not granted by the Court as a result of a request or by mutual agreement of the parents who are seeking to solve disputes regarding support or visitation matters.  Termination of parental rights by order of the Court is a permanent action that severs the parent-child relationship, in the context of serving the best interests and welfare of the child.  Public Policy regarding children presumes that “best interests” would mean contact, relationship and support from both parents, in absence of parental unfitness.

1. Parental rights may be terminated by the court when the birth parents voluntarily relinquish their rights to their child to an adoption agency, or place the child in an independent adoption situation, for the purpose of adoption.  If the birth parents are not married and the mother wished to place her child for adoption, a thorough assessment of the circumstances and identification of the potential birth father or fathers by the adoption attorney is essential in determining the course of action.  A birth father (either alleged or presumed) may voluntarily waive any rights to the child or have an opportunity to consent.
   
   
2. Parental rights may be terminated by the Court when a stepparent adopts the child or in the case of independent adoption.  The non custodial parent may also consent to the adoption because they believe it is best for their child.  Termination of the parental rights may accomplished through a court action without the consent of the parent if the court finds that the parent meets the legal criterion for abandonment under the California Statutes.  
   
   
3.  Parental rights may also be terminated in the case of a child being in the care of a legal guardian or guardians who seek to adopt after the required time has passed and the birth parent or parents have not sought to regain custody of the minor.
   
   
4. Emancipation of a minor can be granted, when the minor at least 14 years of age,  petitions the court for emancipation and meets the requirements, receives written consent or permission from the parents, and the court finds that granting of the petition for emancipation would not be contrary to the minor’s best interests.