caselaw regarding termination of parental rights

[DeeDee]

I have found caselaw for the state of California regarding termination of parental rights, however I have not found caselaw regarding termination of parental rights outside of "Juvenile Court" (CPS/DFCS not involved in our case at this time).

I am specifially looking for caselaw terminating parental rights within the  California FAMILY Code.

The only family codes I can find on this suject matter only gives reasons for specifically terminating the FATHER's rights NOT the Mother's rights.

Can we use the same determinations in the code for "termination of father's rights" inorder to provide evidence to terminate the mother's rights in our case?

I hope this is making sense.  I cannot believe how prejudiced the laws in this state are that make it so much easier to remove a father's parental rights than a mother's.

I can give more information if needed.  We are not coming out of left field here.....the judge has hinted at terminating parental rights at three of the last four hearings.  We just want to provide the correct and proper evidence according to what the code will allow, but the codes under the family law code only states "Termination of Fathers Rights".  Can we use the Welfare and Institutions code in a family law case?

[msme]

I believe that you should post this on Socrateaser's board. Make sure you follow his guidlines for posting. They are posted at the top of his board.

Good luck & God bless.

You never get a second chance to make a first impression!

[Lawmoe]

The standard for terminating parental rights should be the same. In essence it requires endangerment of the child by virtue of the relationship.  Somce grounds include abandonment, abuse, and more.

[maxwell]

I am interested in exactly what 'termination of parental rights' is.  

  I guess I am curious as to what 'parental rights' really mean in my situation where i have full custody and BM seems to have little/none interest in my son (she has seen my infant son for 2 hours in the last 6 months -- court ordered supervised visitation).  So i guess my question is -- what is the concept -- or do I just check with the State definition and find out what advantage me and/or my son would have if i tried to terminate BM rights?

[DeeDee]

Different states have different criteria to terminate parental rights.

In our case it would mean ncp would have no more visitation, no report cards, no contact with medical/psychological/psychiatric professionals, no more obligation to pay child support(this varies greatly from state to state and the "no more payment of child support after termination of parental rights" is a recent legal change in California).

The criteria ranges from:

 abandonment--which in CA now means both physical abandonment and monetary abandonment(i.e. not paying any child support or paying for anything for the care  or expenses of said child); Mental illness, Incarceration, absuse, etc..


There is alot of infomation on this site regarding this this is a good place to start:

http://www.deltabravo.net/custody/termination.htm

There is also a page listing criteria for termination on a state-by-state basis.

One thing which almost always happens in termination of parental rights cases--is that the ncp(or parent whose rights are to be stripped) will be given a chance for reunification so make sure you document all vistation including all MISSED visitation.  Depending on the age of your child, you can argue that there doesn't need to be any additional reunification services provided as there was never any unification to begin with.  

[msme]

I would be very careful of filing for anything at this time. The courts are extremely biased against fathers & the fact that you have custody of an infant, is in itself a miracle. If I were you, I would wait until the child is older.

At any time, she could waltz in with some therapist saying she was suffering post partum depression & now she needs her baby to recover. Dollars to donuts that the court would give her custody. I have seen stranger things happen.

Status quo is very important & as long as there is no pressing reason to terminate, I would let things ride.

Good luck & God bless

You never get a second chance to make a first impression!