Santa Rosa Termination of Parental Rights Lawyer

SANTA ROSA TERMINATION OF PARENTAL RIGHTS ATTORNEY

If you’re like most parents, then you want to support your child. In some cases, though, it’s better to end the relationship between a parent and a child than to continue a traumatic situation. During divorce proceedings, there are options to terminate parental rights.

Termination means that the parent is no longer responsible for the child and can no longer make decisions for them. A Santa Rosa termination of parental rights lawyer can help you navigate this complex process.

There are two different types of parental termination – voluntary and involuntary. Voluntary termination is usually done by one parent on behalf of another. Involuntary termination usually involves an investigation by a state agency into claims of abuse or neglect.

Why Should You Choose the Carroll Law Office?

The Carroll Law Office has seasoned attorneys with decades of experience in family law. We understand that every family is different and requires an individualized and unique approach. Cases regarding guardianship proceedings can be complicated, confusing, and overwhelming. We take pride in our one-on-one relationships with our Santa Rosa clients and their families.

What Is the Termination of Parental Rights?

In certain situations, one or both parents voluntarily give up their rights. Specific instances include:

• Stepparent adoption. If a parent and stepparent spouse want to adopt the child as their own, they need to ask the other parent to relinquish their rights.
• Adoption agency. If both parents wish to terminate their parental rights, then they can do so to allow an adoption agency to have child custody.

In California, there are also certain circumstances where parental rights are involuntarily relinquished. This can occur when:

• A court decides that a child has been deserted or neglected to the point that the parents do not need to consent to adoption proceedings.
• A court determines that a child should be emancipated and revokes parental rights and custody.

Why Do I Need a Lawyer?

Deciding to terminate a parental relationship can be a heavy emotional burden on all parties involved. It’s important to have a reliable and compassionate attorney by your side to understand your unique situation. Ensuring a positive outcome for your children and family is incredibly important. An attorney can help provide solutions during such a stressful time.

Your relationship with your child is special, and it deserves your care and attention. Let a family lawyer attend to the complex documents and procedures so you can have space to navigate a complicated situation. The attorneys at the Carroll Law Office can craft a specific solution to fit your needs.

Reasons to Involuntarily Terminate Parental Rights

A court may get involved with terminating parental rights if one of the following issues occur:

• Neglect or Abuse: If there is sufficient evidence that a child’s living situation does not adequately provide for their needs and protections, then the state could revoke parental rights. Any type of abuse, including physical or sexual abuse, often falls under neglect.
• Abandonment: To use abandonment as a reason to revoke parental rights, it must be demonstrated that a parent showed intention when abandoning the child or family. They also must not have contacted the child in at least six months and provided little or no financial support for the child.
• A Parent’s Felony Conviction: Felonies for violent crimes, like homicide, assault, kidnapping, or sex crimes, could potentially lead to the revocation of parental rights.
• An Unfit Parent: If a parent is found to be mentally or developmentally disabled by a court or a medical professional, it could impact their physical or legal custody rights.

What If a Parent Regrets Voluntary Termination?

Sometimes, a parent might have second thoughts after starting the voluntary termination process. If the paperwork has not yet been filed with the California Department of Social Services, the parent can request one of two actions:

• Revocation: A revocation stops all adoption proceedings until a certain date. The parent then has until that date to submit a written request to revoke the relinquishment of their parental rights.
• Rescission: A rescission makes the adoption agency cancel the relinquishment when it is filed and send the birth parent a rescission form. In this form, the parent explains why they are rescinding and how they plan on parenting or providing care for the child.

FAQs About Santa Rosa, CA Termination of Parental Rights Laws

How Long Does a Father Have to Be Absent to Lose His Rights in California?

To prove a parent’s absence to terminate their parental rights, the parent must have no contact with the child for six months or more. They must also not financially support the child. If these criteria are met, then the custodial parent can file a petition to revoke the absent parent’s rights.

How Can I Give Up Parental Rights and Not Pay Child Support in California?

In Santa Rosa, terminating parental rights must occur through a court order. A voluntary termination must result in an adoption of the child, either through a stepparent or an adoption agency. An involuntary termination can only be filed if there is a specific reason why the parent is no longer fit to care for their child, such as:

• Abuse
• Abandonment or neglect
• A disability that prevents a parent from caring for a child

Is It Hard to Terminate Parental Rights in California?

Unlike other procedures, you cannot fill out a court form to start the parental rights termination process. The process requires either the custodial parent or an attorney to write a petition to the court. Next, you would schedule a hearing. Due to the complex nature of filing a parental rights termination request in Santa Rosa, we recommend working with an attorney to ensure that you submit accurate and effective documents.

How Do I Fight a Termination of Parental Rights in California?

If an individual’s parental rights are involuntarily terminated, then there is currently no formal way to recover them. Depending on the circumstances of the case, the court may allow the individual to have limited visitation rights. Negotiating this arrangement can be difficult, so contacting an attorney can give you a good idea of what your options are.

Understand Your Options

Whether you’re considering voluntary or involuntary parental rights termination, the process can be daunting. We offer innovative solutions for unconventional family situations. Schedule an appointment with the Carroll Law Office to meet with an attorney and tell your unique story.