Q: Can I terminate biological father’s parental rights when we were unwed and he has abandoned child?
I had a child with another man- never married him
My child is 4 years old
We have NO written custody papers ever or verbal agreement for visitation
First year he saw my child a few times
He provides NO CHILD SUPPORT, NO day care payment, No health care for my child
I have documented text message and phone calls that validate his extremely non existence in my child’s life
He has abandon my child because he has not seen him in 18 months or more or spoken to him
He has not seen my child for Christmas or New Years in 2 years I have remarried and my husband has a new job opportunity out of state
I would like to move out of state and Terminate his parental rights per California Code of Child Abandonment 7822
Typically how long is this process , if he signs away the rights with no fight and if he chose to fight how long is it typically to get it completed?
A:
In California, the process to terminate a biological father's parental rights under circumstances of abandonment, as described in California Code of Child Abandonment (Family Code 7822), can be initiated if the parent has failed to communicate and support the child for a period of 12 months. Given your situation, where the father has not seen or supported the child for over 18 months, you may have grounds to file for termination of his parental rights. This process involves filing a petition with the court and providing evidence of abandonment, such as documented lack of communication, absence of support, and any other relevant information.
If the biological father agrees to relinquish his parental rights voluntarily and signs the necessary documents without contesting the petition, the process can be relatively straightforward and may conclude more quickly. This scenario could potentially be resolved in a matter of months, depending on the court's schedule and any additional requirements they may have.
However, if the father decides to contest the termination of his parental rights, the process could become significantly longer and more complex. This scenario could take a year or more, as it would likely involve court hearings, evidence presentation, and possibly the appointment of a guardian ad litem for the child. The duration in either case can vary widely based on the specific circumstances, the local court's caseload, and the efficiency with which all parties manage the required legal procedures.
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