How would I terminate my child’s father’s rights?

UPDATED: Dec 27, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 27, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How would I terminate my child’s father’s rights?

My husband, whom my son knows as daddy, would like to adopt our son. My son is 5 years old and his biological father has only seen him twice in the last 4 years. He hasn’t called to ask about him or contacted me about visitation in years. Is it possible to terminate his rights so that my Husband can adopt my son? If so, what are the steps to do so?

Asked on December 27, 2012 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under certain circumstances it is possible to terminate your child's father's rights.  Involuntary termination may be granted if the father has abandoned your child. Fron your qustion, I assume that he is not paying child support. However, if he is (either in whole or in part) you probably can't get pursue termination on an involuntary basis.

That being said, you still have options. The father could voluntarily terminate his rights. Considering that he rarely sees visits your child, he might be happy to terminate his rights. The courts, however, may or may not approve the termination. They don't generally allow parents out of their obligations just because they don't want to pay child support. However, since your husband is willing to adopt your child, then the court will be more open to granting the termination because there is a "father figure" willing to take over those parental responsibilities.

At this point, you should consult directly with an attorney in your area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption