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

Q: How can my 8 year child's father's parental rights get terminated in California, when he has abandoned her for 6 years

He has not even seen her for 6 years and she is only 8.

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2 Lawyer Answers
T. Augustus Claus
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A: In California, a parent's rights can be terminated if the court determines it's in the best interest of the child. Abandonment is one ground for termination. Abandonment is often defined as failing to communicate with or provide for the child for a certain period, which in California is generally one year. However, the court will require evidence of abandonment and assess the situation carefully before making a decision.

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

A: In California, parental rights can be terminated based on abandonment. The court must find that the parent has left the child without any provision for identification or support and has shown an intent to abandon the child. If a parent has not communicated with or paid support for the child for over a year, it can be evidence of abandonment. You would need to file a petition with the court, detailing the circumstances of the abandonment. Upon filing, the other parent will be served notice and has the right to contest the petition. If the court finds clear and convincing evidence of abandonment and determines it is in the best interest of the child, parental rights may be terminated. It's crucial to consult directly with an attorney experienced in family law to understand the process and potential challenges. Keeping detailed records of the father's absence and any attempts at communication will be critical for your case.

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