Full question:
My son has been in jail and out of jail for most of his daughter's life. He has also struggled with drug addiction. When he has been clean he has tried to maintain contact with his daughter by sending gifts/ letters from jail but the biological mother refuses to accept them. Now she has married and wants her husband to adopt my granddaughter. She is trying to terminate my son's rights. Is this possible? How do I stop this? My son has not been a great parent but loves his daughter and is continuing to fight his addiction. After three years in jail he has turned his life around. He gets out this summer and wants to be apart of his daughter's life. What can we do. For added information: mother and child live in California, my son's incarceration has both been in California as well as Idaho. He is currently in Idaho corrections and will be released this summer.
- Category: Paternity
- Subcategory: Termination of Parental Rights
- Date:
- State: California
Answer:
A parent's rights can be terminated either voluntarily or through a judicial process. For judicial termination, the court must find that the parent is unfit or poses a threat to the child. This can include evidence of conduct that endangers the child's well-being or a conviction for child abuse. If the court terminates parental rights, the parent loses all rights and responsibilities, including custody and support.
Your son must be notified and given a chance to appear at the termination hearing. The court will consider all circumstances, including evidence of his fitness as a parent. He can present proof of his progress, such as letters from his parole officer, attendance at support meetings, and other relevant documentation. Ultimately, the court's decision will focus on the best interests of the child.
In California, if a father is identified, he must be notified of the termination proceedings. If he does not respond or claim his parental rights, those rights may be terminated (Cal. Fam. Code § 7664). If he does claim his rights, the court will assess whether it's in the child's best interest for him to retain those rights or allow the adoption to proceed.
It’s advisable for your son to consult with a local attorney who can help him navigate this situation and protect his rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.