Parents may voluntarily relinquish parental rights in California. Voluntary relinquishment of parental rights, however, can only be made under specific legal circumstances. Obviously parents choose to relinquish their parental rights for a variety of reasons including divorce, adoption, legal guardianship, or foster care. The voluntary relinquishment of parental rights must be granted in a court order. An order will terminate rights such as inheritance, custody and visitation, child support, and any liability for the child’s misconduct.
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How to Voluntarily Relinquish Parental Rights in California
Voluntary relinquishment of parental rights takes place when a parent independently decides that he/she would like to terminate his/her parental rights to his/her child. When a parent relinquishes his/her parental rights, they can no longer make any legal decisions about their child’s safety and welfare. This includes choosing a child’s religious practices, where she/he will attend school, or the type of health care he/she will receive. The relinquishment of parental rights is permanent. A voluntary relinquishment can only be finalized if another person is assuming the role of the parent who is relinquishing their rights.
Voluntary Relinquishment of Parental Rights Through Family Court Adoption Proceedings
In family court adoption proceedings, voluntary relinquishment of parental rights my be done by both parents when relinquishing a child to an independent adoption agency.
Voluntary Relinquishment of Parental Rights Through Family Court Stepparent or Domestic Partner Adoption Proceedings
Voluntary relinquishment of parental rights can take place during a stepparent or domestic partner adoption. A non-custodial parent can voluntarily terminate his/her parental rights to allow the stepparent (custodial parent’s new spouse) the opportunity to adopt the child. The court must find that the parent willfully abandoned the child.
Involuntary Termination of Parental Rights
Parental rights can be voluntarily or involuntarily terminated by court action. Parental rights are involuntarily terminated if the court deems a parent is unfit to provide the proper care to his/her child. California courts rarely terminate both parent’s parental rights especially if one parent would be left with the responsibility of raising the child.
Parental rights can be terminated as follows:
Terminating Parental Rights Through Juvenile Dependency Court
A child becomes a ward of the Juvenile Dependency Court when someone reports the mistreatment of a child. This is not a voluntary relinquishment of parental rights but rather an involuntarily termination of a parent’s rights by a court if it finds that the parent(s) have abused or neglected the child. Parental rights may also be involuntarily terminated if the court finds that a parent’s mental or physical capacity prevents him/her for properly caring for his/her child. Once parental rights are terminated, the child may be adopted.
Parental rights can be terminated if the court finds that the parent-child relationship is not in the child’s best interest.
Parental rights can only be terminated in California by court order. Parental Rights cannot be terminated by a parent who simply wants to avoid paying child support and is not being adopted by another parent. In most California Superior Courts, there are no court forms available to terminate parental rights. A pleading must be drafted and clearly request termination of parental rights based on one or more of the following:
- Family Code section 7822 – Abandonment
- Family Code section 7823 – Neglect or cruelty
- Family Code section 7824 – Parents suffering from disability due to alcohol, or controlled substances, or moral depravity
- Family Code section 7825 – Parent convicted of felony, consideration of criminal record prior to felony conviction
- Family Code section 7826 – Parent declared developmentally disabled or mentally ill
- Family Code section 7827 – Mentally disabled parent
Contact A People’s Choice for more information about the voluntary relinquishment of parental rights in California. We can help you prepare and file the documents you need to terminate parental rights. You can reach us at 800-747-2780.
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I have a situation where a lady that I had a casual encounter with twice, was never in a relationship with her became pregnant without my knowledge or consultation and now after 6 years of age contacted me telling what the issue was without giving me an option or a choice to condone anything but now is asking for child support. How do I go about relinquishing my rights as a parent as it is not fair to me or my current wife and kids or to the child in question who was born without my knowledge. The mother at the time knew it was casual and I didn’t want kids.
I do not believe it is possible to relinquish parental rights unless someone else takes your place by adopting. You may be able to file paperwork to dispute paternity if you think you are nit the father of the child .
If I’m pregnant and the dad doesn’t want to be the father can he sign over his parental rights when the baby is born? I don’t want child support or anything. I just want to make sure he can’t change his mind or take my baby. This is his own decision I just want it legally binding.
I do not believe this is possible under California law which requires two financially responsible parents. You may want to speak with an attorney.
If one parents wants to terminate his rights – can he do so without having someone to replace him?
Typically that is what would be required – an adoption to replace the parent relinquishing rights.
My son’s father has given me a. Verbal recorded message giving up his parental rights along with a written statement. Can I just get this notarized. Or do I still have to go to court..
Typically In order for him to give up parental rights a stepparent would have to adopt and take his place as father.
How do you terminate parental rights of a mother who has been in a vegetative state for almost 9 years? Father is remarried with another child and step-siblings. Guardian/conservator for mother will contest termination of parental rights and adoption but on what grounds can she?
Have you tried to file an adoption and petition to terminate rights? Obviously the court will consider all factors including what is in the best interest of the child.
I just am trying to find the paperwork to file for abandonment so I can adopt my step son who is my son. Doesn’t even know who bio mom is. We haven’t married yet and I am worried about what could happen if his dad passed or something. He has no other family that sees him. His mothers side doesn’t know if. I like to fill my own paperwork out then talk with an attorney but I can’t find anything on abandonment paperwork to file in pa or ca. We r in pa now but moving to ca. Any ideas.
This is a process that is filed during the stepparent adoption proceeding. Unfortunately you are not going to find a form for this process, but we can certainly help you with the paperwork. please give us a call at 805-648-5540.
I’m a mother of one and the court took my child from me permanently and the father gave up his rights because they told him to… that if he did it…it will help me get my son back because the court don’t want us together they played him and me because we where very young but when he did do it they end up not giving me my son anyways
and because he gave up his rights that put us in a lost can the father try to get are son back after giving up his rights
I would speak to an attorney about this. Our role is limited under California law, and we cannot give legal advice.
I’m trying to sign over my rights. I tried to make things work with my son’s mother. But she accused of child abuse even though I took our son to the hospital when he got hurt. She said that I’m abusive and I punched an 8 month old baby. She had a P.I. follow me for 6 weeks because her and family and friends said they are going to find a way to put me in jail. I was attack by her sereval times the last time she attack me with our son in my arms and i received injuries I actually got a temporary restraining order but a judge denies a final order because he said it just seem like we dont get along. She just showed up at my house yesterday but no one was around so of course the police said they cant do nothing about it. She also threaten that if I dont pick up our son she going to come to my house. the same day the judge deny my restraining order. Been to court 3 times tried to tell the judge she text me 3x saying saying she is going to kill herself and one time she called me and said she going to kill herself and our son. She been found guilty of child endangerment and other crimes before and is pending a new case I tried to tell the judge that but every time I go to court it seems as if punishes me instead of her I live in LA and have drive anywhere from 1 hour to 2 hours to pick up our son and I tried to get to meet in the middle he moved it closer to her. I pick up our son twice a week and I have 3 1/2 days a week but now to drive further now. She tells me at least once a week im not his father and calls me all types of names simply because I wont answer her messages. I want to sign my rights away and just move on with my life and be done with this can I hire a lawyer to help me give up my rights? This type of stuff been happening since she been pregnant.
I am not really sure California or any other state will allow you to simply sign over your parental rights. Normally all states require 2 parents to be obligated for the child’s support and maintenance. You may consider filing a motion with the court to address the problems you are having but I think you will be hard-pressed to find a solution under the law that will allow you to give up or turn over our parental rights for the child. Contact an attorney if you need legal advice or give us a call if you want to file a motion to address the issues you have been having.
When I was 19 I married an older woman, relationship was very toxic we separated because she said the baby in her belly wasn’t mine. I moved out of state and 2 years later I get hit with child support. I am officially disabled due to bipolar and many other things including being schitzoeffective,BPD and IED i take therapy I’m sure I wouldn’t even be able to be a fit parent. Would it be possible to give up my rights? I’ve never even had a dna test. My ex wife went completely incognito and haven’t had contact w her since we separated which has been 7years. I’m not sure how this works since we are both in completely different states I reside in TX and her in CA as far as I know.
Normally it is not possible to relinquish parental rights unless another person is adopting the child. You may want to talk to an attorney.
My child’s biological father has not seen her nor does not care to see her. He has not been in her life for 9 years. She will be 13 this year. He is a drug addict and I’m pretty sure he’s homeless somewhere because of his addiction. He signed the birth certificate so there’s that. If a friend of mine can find him, I’d there any way he can sign his rights over. What steps would I have to take?
Normally it is not possible to give up, terminate or relinquish parental rights in California unless someone else is adopting the child such as a stepparent.
A woman is claimed I was the father of her child, she filed for child support and court ordered DNA test. This was an unwanted child for me and want nothing to do with her or her child. Can I terminate my parental rights? I have had ZERO communication with her or her child for more than a year. I just want to move on from my life. She made the decision to keep the child without my consent.
Unfortunately, if you are the biological father of the child you will probably be responsible for child support. It is really not an issue about the woman making the decision to keep the child without your consent or not keep the child and I am not aware of any way to terminate parental rights other than someone else adopting the child. It is the woman’s choice. In reality, your consent was provided when you had unprotected sexual relations. If you are concerned about conceiving children that you do not want there are several choices: 1) don’t have sexual relations, 2) if you do, make sure you are protected (although that is not a guarantee or 3) get a vasectomy. Sorry, but that the reality of it…
I’m custodial parent, and I would like to take away non-custodial parents visits due to father being unfit, and uncapable to care for and support child. Father has also been sent to state prison and has a hibitual drug problem and has been arrested on several different occasions. Am I able to ask the court to take his visitation rights away because he has not seen her in over a year, and am I able to have its parental rights taken away?
Usually, parental rights can only be taken away from another parent through an adoption proceeding.
I was married 10 years then divorced, child was 8 at the time. I found out the child is fathered by some one else. Mother admits to having an affair to the police and pinning the child on me I have police report. I have been forced to pay child support since the separation 2011. The child turn 16, I have not contact since the separation. It’s been 8 years of no contact.
This is a complicated issue. There are statutes and variety of parameters that would come into play to address this matter. I would recommend you speak to an attorney.
I have not seen my daughter in 4 years but now I have a child support hearing coming up. I lost custody of the child 4years ago and have made zero contact since. Can I voluntarily sign over my rights so I can cut ties and move forward in life?
Typically courts will not let a parent sign over parental rights unless another parent is assuming those responsibilities.
my sister is in jail at this time, and my brother-in-law is unstable and an alcoholic. he has mentioned that he is unable/incapable of taking care of my 5 year old nephew. my brother in law is willing to voluntarily sign over custody to my mother (the grandmother of the child). Is it possible for the grandmother to obtain custody of the child due to both parents being unable to care for the child? would the Childs mother need to sign over her rights as well?
Yes it is possible through a court guardianship proceeding. We can help you with that paperwork if you would like.
Parent A does not see or talk to his children because Parent B will not allow it. Both parents live in separate states. Can Parent A voluntarily relinquish parental rights without Parent B’s approval?
I am not aware of a way a parent can voluntarily relinquish parental rights short of an adoption proceeding.
This all happened 40 years ago. What if you signed a document that you were told was giving sole custody to the mother when in fact it was signing over your parental rights? Nothing can change that now it happened back in 1977-1978 I signed it there was never a court date to see a judge or advocate so my name does not appear on his birth certificate. So it was like I was never his farther I’ve regreted signing that paper ever since have also been trying for 38 years to find the mother and my son also it was established that we were the same blood type back then there was no DNA. Just blood types
Donald – Our office is not an attorney’s office and as a result we cannot give you legal advice. I am not sure what options you would have to try and locate your son but we do wish you the best of luck in the endeavor.