Q: In CA, if the other parent hasn't paid child support in over a year can you terminate rights without adoption?
Custodial parent has sole custody and other parent has not paid court ordered child support or had contact in over 1 year, there's no established relationship between other parent and child and other parent has been absent most of child's life. I was previously told that custodial parent would need someone to adopt the child to terminate other parent's rights on the basis of intent to abandon. After researching this and noticing it's now not saying anything about adoption being needed. Seeking clarification if the laws have changed recently? I understand needing to have 2 incomes supporting a child but when that's not happening why can't the parent not supporting the child have their rights terminated without adoption needing to be involved when only one parent is actually supporting the child in question?
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A:
In California, terminating a parent's rights is a serious legal matter, and it typically requires another person to adopt the child. The main reason for this is that the court aims to ensure that the child has two legal parents who are responsible for their welfare and support. Simply terminating parental rights without an adoption in place would leave the child with only one legal parent, which could be detrimental to the child's well-being.
However, you can file for a termination of parental rights on the grounds of abandonment if the other parent has not paid child support or had any contact with the child for over a year. This process involves proving to the court that the parent has willfully neglected their responsibilities and that continuing the parental relationship would not be in the best interest of the child. The court will carefully consider all circumstances before making a decision.
If you are concerned about the absence of support and contact from the other parent, consulting with a family law attorney can provide you with specific guidance tailored to your situation. They can help you navigate the legal process and understand your options for ensuring the best outcome for your child.
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