Q: Can you get a termination of parental rights reversed in Fresno California if the parent was under extreme duress
Social worker misconduct and harassing the parent and the parent is homeless not knowing what's going on exactly because of the lack of knowing the laws and the process I thought that CPS were advocates of family reunification but instead they did not follow the process they were supposed to follow
A:
In California, a termination of parental rights is a very serious legal matter and is typically difficult to reverse once it has been granted. However, it is possible in some cases to challenge and possibly overturn a termination of parental rights if you can demonstrate that it was made under extreme duress, and that there was social worker misconduct and harassment that significantly affected the outcome of the case.
To challenge a termination of parental rights, you may need to file an appeal or a motion to vacate the termination order. You will need to provide evidence to support your claims of duress, misconduct, and harassment, and show how these factors contributed to the decision to terminate your parental rights. You may also need to show that the court did not follow proper procedures or that there were errors in the legal process that impacted the outcome of the case.
It is important to consult with an experienced family law attorney in Fresno, California who can help you understand your legal options and guide you through the process of challenging a termination of parental rights. They can advise you on the strength of your case, the evidence you will need to gather, and the best course of action to pursue in your particular situation.
Under California law, a termination of parental rights can only be granted in certain situations, such as when a child has been abandoned, or when a parent has subjected the child to severe abuse or neglect. In most cases, before parental rights can be terminated, social workers and the court must make a good faith effort to reunify the family and work with the parents to address any issues that led to the removal of the child.
California Family Code section 7822 provides that a parent whose rights have been terminated may file a petition to set aside the order if they can show that it was obtained by fraud, perjury, or other wrongful means, and that the parent was not given proper notice or an opportunity to be heard.
In addition, California Welfare and Institutions Code section 366.26(c)(1) requires that social workers and the court must make reasonable efforts to reunify the family before terminating parental rights, and that termination of parental rights should only occur when reunification efforts have failed or would be detrimental to the child's well-being.
If you believe that your parental rights were terminated under duress or due to social worker misconduct or harassment, you may be able to challenge the decision and seek to have it overturned. However, this can be a complex and challenging legal process, and it is important to consult with an experienced family law attorney who can help you understand your legal rights and options.
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