Anaheim, CA asked in Family Law, Child Custody and Child Support for California

Q: How can I obtain all rights taken away from father?

I have full custody of my son, father is trying to modify order. He has only seen him 8 times in one year. Has visitations Saturday and Sunday from 9am-12pm each day. Has been asked to take couple of classes since I have a restraining order against him for DV. But has not taken any class he has drug problems, mental issues. There is a child support case open as well but he has not finically helped me for the past 5 years. I am concerned for my son’s emotional health since this person comes in and out of his life and court doesn’t see that. In the past 4 years he has not practice visitations as he should have. What can I do to get his rights taken for good.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To seek termination of the father's parental rights, you need to demonstrate that his behavior is detrimental to your child's well-being. Since he has not consistently exercised his visitation rights and has ongoing issues such as drug problems, mental health concerns, and failure to attend court-ordered classes, these factors can support your case. You can file a petition with the family court to terminate his parental rights based on abandonment, unfitness, or failure to comply with court orders.

Gather evidence to support your claims, including records of missed visitations, lack of child support, documentation of his drug problems, mental health issues, and any police reports or restraining orders related to domestic violence. The court will consider the child's best interests when deciding whether to terminate parental rights, and consistent, documented patterns of neglect or harmful behavior can significantly impact the court's decision.

It may also be helpful to have witnesses who can testify about the father's behavior and its impact on your child. The court takes these cases seriously, so providing as much clear and compelling evidence as possible will be essential to protecting your child's emotional health and stability. If the father's rights are terminated, he would no longer have legal rights or responsibilities towards your child.

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