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Termination Of Parental Rights Attorney

Termination of Parental Rights Attorney in Ventura County, California

When a child is born the birth parents are naturally given certain rights and responsibilities. When these rights are violated, steps guaranteeing effective protection for the child must be taken. Terminating the rights of legal parents can be emotionally draining for both; children and parents. But at times it’s necessary and can prove to be beneficial in the longer run. The termination abstains the parent from having any further rights over the child. For smooth termination of parental rights in California, you will need a strong team of attorneys to build a case too strong to lose. To make a case likely to win, the experts at our firm will help you through the complexities of your trial.

What are the grounds for termination of parental rights in California?

In the process of parental rights termination, the court only focuses on the child’s best interest by giving custody to the most suitable individuals. There are several aspects where losing parental rights become highly likely, which are:

  • If a parent is a drug addict.
  • If a parent gets long imprisonment.
  • If a parent has a criminal track record.
  • If a parent is unable to fulfill the financial needs.
  • If the child has sexual abuse threats from the parents.
  • If a parent remarries and wants the other spouse to adopt the child.
  • If a parent neglects the child pertinent to Section 7823 of the Family Code.
  • If a parent is mentally unstable under Section 7827 given by the Family Code
  • The child has been left without provision for the child’s identification by the child’s parent or parents.
  • The child has been left by both parents or the sole parent in the care and custody of another person for a period of six months without any provision for the child’s support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.
  • Or, one parent has left the child in the care and custody of the other parent for a period of one year without the provision for the child’s support, or without communication from the parent, with the intent on the part of the parent to abandon the child. 

Parental rights can also be terminated through a Dependency Court action. A child is brought to the attention of the dependency court typically by neglect or abuse.

How to petition to terminate parental rights?

A petition to terminate parental rights requires you to fill out a relevant form. A termination of parental rights lawyer can help you file a petition, state the grounds for termination and complete the documentation. Next, the lawyer will serve the notice to the parent whose rights are being terminated. Subsequently, a court hearing will be held. The parents will be allowed to defend their parental rights. Once the court deems fit, the parental rights are terminated. 

A much simpler way to terminate parental rights is by voluntarily signing away parental rights. Voluntarily terminating parental rights in California means you either agree to a petition or relinquish your rights as a parent.

Can a parent voluntarily terminate parental rights?

Generally speaking, parents cannot just randomly terminate their rights voluntarily without a valid reason. It is more complicated than it sounds to terminate parental rights. The court asks for all sorts of justifications before terminating parental rights. Adoption is the only case that makes voluntary termination easier for the parents as they just need to give their child to a safe house due to  unavailability and fulfillment of the responsibilities.

Determination of presumed parent

The presumed father is the legal father of the child. This father is either married to the birth mother, or his name is on the baby’s birth certificate. Sometimes, he is not the biological father of the child. Likewise, a presumed mother can be established (though it is less common) by a court of law, and she would be entitled to the same claim. The consent of a presumed father makes adoption by a new parent easier, but it is not necessary. The court has the authority of terminating parental rights of any parent if sufficient legal grounds are met. Presumed fathers must be notified; however, if they do not respond, the court can move forward.

What happens after the termination of parental rights?

When parental rights termination takes place, the parents are deprived of having any rights over the children, not even for custody. The child also ought to lose other benefits after the dissolution of parental rights, such as security benefits, medical insurance, and financial support. Pertinent to the termination, if only one parent is terminated, the court automatically gives all the responsibilities of the child to the other parent. During the process, the court finds good foster care where the child can stay.

Consult with the best termination of parental rights lawyer

Parental right termination is an easy process, carried out by a few papers filed in court. Looking to end a parent’s rights permanently? We are a top-rated family law firm and can take care of your child’s future under the supervision of the best attorneys. Reach our experts by calling us at (805) 639-0600or by  writing us an email.

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