Clovis, CA asked in Child Custody and Family Law for California

Q: At what point does a parent give up their legal guardianship… after how long with no physical contact?

Child’s father has not seen child since Oct 2021. Kicked child out (age 13), changed house locks and moved away. Has not attempted to see child since then. Has also evaded child support

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2 Lawyer Answers
T. Augustus Claus
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A: In California, a parent's legal guardianship is not typically automatically relinquished solely due to a lack of physical contact for a specific period. The absence of contact, support, and other parental responsibilities might raise concerns of abandonment, but legal processes are usually required to address such situations. Existing custody and visitation orders play a significant role in defining parental rights and responsibilities. If a parent believes that the other parent's actions constitute abandonment, they might seek a modification of these orders through the court, presenting evidence to demonstrate the child's best interests. Terminating parental rights or legal guardianship involves a legal process that considers various factors and prioritizes the child's well-being.

James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a parent's legal guardianship cannot be automatically terminated solely based on the length of time without physical contact. However, if the parent has consistently failed to provide care, support, and maintain a relationship with the child, and has exhibited behavior indicating a lack of parental responsibility, it might be possible to pursue legal avenues, such as seeking a modification of custody or visitation arrangements, depending on the specific circumstances. It's recommended to consult with legal professionals to evaluate the situation and determine the appropriate steps.

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