The biological father of my 7-year-old child hasn’t been involved in their life for over a year and a half. He hasn’t provided any financial support in that time either. The last time he reached out was in September, claiming his grandmother wanted to see the child (not him). I have full custody of my child, and I’m now thinking about terminating his parental rights. He’s been in multiple car accidents from speeding, has been abusive both physically and verbally towards my child, and he is 90% mentally and physically disabled. What steps do I need to take to terminate his rights?
If he’s receiving disability, some of that should go towards supporting your son.
In most cases, terminating parental rights without a good reason for the child’s benefit can hurt the kid in the long run. Also, if you proceed with this, the government may not be able to enforce child support. At this point, he’s clearly not involved. Unless you have someone else ready to adopt, this might not happen.
I’m not licensed in CA, but I found some helpful info. From Sacramento County, the law looks to be the same across the state. Check it out here. It seems you might have good grounds for termination due to ‘abandonment’ since he’s left the child with you for over a year without providing any support. Best of luck!
Terminating parental rights is very rare. Courts usually want to make sure there’s someone else who will step up, like a spouse. Personally, I wouldn’t push the issue. He’s leaving you alone for now, and bringing this to court might make him suddenly claim he wants to be a father again. If that happens, the court won’t care how long he’s been absent.
When did you get married? You might need your spouse to take over his parental rights. Also, how could a person who’s 90% mentally disabled understand the impact of their actions?
I’d be careful with labeling him as mentally and physically disabled. It might sound… well, let’s ask the question: why were you intimate with someone who’s 90% mentally disabled? If he really is disabled, how can he be expected to understand court orders? How can he legally enter into an agreement if he’s not mentally capable? You might not get his rights terminated like you think.
@Payton
If he’s an alcoholic who’s been in many accidents, that could be a new reason for this.
@Payton
This might be tough for the OP to hear, but they make a good point. It sounds like the 90% disability could come from military service. In that case, the person could retire from the military with a high disability rating but still work. If that’s the case, the court could frown on using that disability to terminate parental rights.
@Brogan
Just playing devil’s advocate here.
If he’s been ordered to pay child support, you need to go after that for your child. Child support isn’t tied to visitation. A parent doesn’t pay for access to their child. You’ll need to show you’ve made all efforts to follow the visitation plan and that your child has been available for visits. Then you can hire an attorney to start the process for terminating rights.
@Tru
This is the game.
Unfortunately, this is very unlikely unless you have a new partner who wants to adopt the child. Courts usually don’t like leaving a child with just one parent for financial reasons. If your child ever gets government assistance, the state will go after the other parent for support. I understand your concerns though, especially about him showing up later and disrupting your child’s life. Also, you might be worried about what happens if something happens to you. The good news is you already have sole custody, and he’s been absent for 1.5 years. What does the current court order say about visitation?
@Donna
I’m married, and my husband would love to adopt my child. He’s mentioned adoption many times. We just don’t know where to start. The current court order only allows for supervised visits, which he hasn’t made any effort to follow.
@Evelina
That gives you a huge advantage, especially if your child sees your spouse as a parent. Look into stepparent adoption. I strongly recommend hiring an attorney to guide you through it.
Usually, courts won’t let you terminate parental rights unless a new ‘father’ is petitioning to adopt. If it’s even possible, the steps would be: petition the court, serve him with the petition, he gets a chance to object, and then a hearing takes place. Here’s some more info here. I’m guessing the forms aren’t available because this process isn’t usually accepted.
You hire a lawyer.
Taylorjones said:
You hire a lawyer.
This is the only correct answer. Even if there’s a new ‘father’ involved for adoption, it’s notoriously difficult to terminate parental rights, even if the biological dad agrees to it.