How hard would it be to have the non-custodial parent’s parental rights taken away, especially since they have not seen or spoken to the child in years?

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How hard would it be to have the non-custodial parent’s parental rights taken away, especially since they have not seen or spoken to the child in years?

Asked on January 14, 2013 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

It is very difficult to get another parent's rights terminated the way you are discussing.  Your only chance might be found in Family Code 7822, arguing that the other parent abandoned the child.  If he hasn't been around in a long time--I would just go with the flow and not do anything.  Evne if the other parent re-appears and tries to get custody in court--you can argue they should only get visitation since it's been so long that they have been absent from the child's life.

Best of luck.

 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, courts do not take termination of a parental right lightly.  Many states have statutes that specifically state what the reasons for termination are (conviction of a crime involving the well being of children, etc.) and the determination is always made with the best interests of the child in mind.  Also, if the parent pays support the court will not terminate just because they choose not to see the child. It is a sad situation but still a right to choose given the natural parent.  Good luck. 


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