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How can I terminate my parent-child relationship with my adoptive parents?

How can I terminate my parent-child relationship with my adoptive parents?

Full question:

I live with my adoptive parents in California. I am turning 18 years old in two months’ time and would like to terminate the parent-child relationship with my adoptive parents. How do I go about it?

Category: Adoption
Date: 04/07/2025
State: California

Answer:

In California, you can terminate the parent-child relationship with your adoptive parents by following these steps:

1. Provide written notice to your adoptive parents.

2. File a petition to terminate the relationship. This petition must include:

Your name and address
Your adoptive parent's name and address
The date and place of your adoption
The reasons for your petition

If your adoptive parents agree to the termination in writing, the court can issue an order without further notice. If they do not agree, they must respond in writing within thirty days of receiving your notice, and a hearing will be scheduled. The court may also require an investigation by a county officer or the department.

This process is outlined in California Family Code § 9340.

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.

FAQs

How to win termination of parental rights?

To win a termination of parental rights case in California, you must demonstrate that the termination is in the child's best interest. This typically involves showing evidence of neglect, abuse, or inability of the parent to care for the child. If the adoptive parents agree to the termination, the process can be simpler. However, if they contest it, you may need to present your case in court, which could include testimonies and documentation. It's advisable to consult with a family law attorney for guidance through this process.

How hard is it to terminate parental rights in California?

Terminating parental rights in California can be challenging, especially if the parents do not consent. The court requires substantial evidence that termination serves the child's best interests. Factors such as parental neglect, abuse, or unfitness must be proven. If the adoptive parents are in agreement, the process may be more straightforward. However, contested cases can lead to lengthy legal proceedings. Legal representation is highly recommended to navigate this complex area of law.

How to win a termination of parental rights case?

Winning a termination of parental rights case requires providing clear evidence that the termination aligns with the child's best interests. This may involve demonstrating issues like neglect, abuse, or the parent's inability to provide care. If the adoptive parents are willing to consent to the termination, the process can be expedited. If not, you may need to present your case in court, potentially involving witnesses and expert testimony. Consulting with a family law attorney can significantly improve your chances of success.

At what age can a child decide what parent they want to live with in California?

In California, there is no specific age at which a child can unilaterally decide which parent to live with. However, once a child reaches the age of 14, their preference is given greater weight in custody decisions. The court will consider the child's wishes along with other factors, such as the child's well-being and the ability of each parent to provide a stable environment. Ultimately, the court makes the final decision based on the child's best interests.

How much is it to terminate parental rights?

The cost to terminate parental rights in California can vary widely depending on several factors, including attorney fees, court filing fees, and any additional costs for required investigations or evaluations. Attorney fees can range from a few hundred to several thousand dollars, depending on the complexity of the case. Court filing fees are typically a few hundred dollars. It's important to consult with a family law attorney to get a clearer estimate based on your specific situation.

Can an adoptive parent give up custody?

Yes, an adoptive parent can give up custody, but the process typically involves terminating parental rights through the court. This is a legal procedure that requires filing a petition and demonstrating that the termination is in the child's best interests. If the adoptive parents agree to the termination, it may be simpler. If contested, a court hearing may be necessary. It's advisable to seek legal counsel to navigate this process effectively.