Need case law

[DMcD]

Case is in CA. A petition to terminate parental rights for step-parent adoption has been filed against a friend of mine. He paid c/s through 12/2002 and the petition was filed in 6/03.

The atty he was appointed screwed up (I think) by not filing to dismiss the action because he had paid support within the 12 months required to terminate rights. About the time the petition was filed, a "no contact order" was placed. He hasn't had an option to see or contact the child. He's been out of work due to medical problems and lives in transitional housing.

The other party offered to waive his c/s arrears in exchange for his voluntary termination of rights. He's not willing to give up his child without a fight. The other party has made it difficult, if not impossible to see his child.

He now has been appointed a new atty who is much better than his previous atty and far better than opposing counsel (I know of them both). My questions are as follows:

1. I think there is case law on offering a waiver of arrears in exchange for a parent's rights was found to be "bartering" of a child. Do you have the case info on any of those?

2. Is there case law relating to involuntary lack of contact vs. voluntary lack of contact. CA family code states that 12 months is prima facie evidence that the failure to contact was willful. It wasn't willful. Need case law.

3. Any other info that might help such as other CA code that might override CA Family Code 8604(c)?

Thank you so much!

[socrateaser]

>1. I think there is case law on offering a waiver of arrears
>in exchange for a parent's rights was found to be "bartering"
>of a child. Do you have the case info on any of those?

You don't need case law. It is well established that trading money for custody is the equivalent of an involuntary servitutde, and is prohibited by the 13th Amendment to the U.S. Constitution.

However, people can and do create multiple stipulated orders that are executed and ordered separately, but at the same time, which have no interdepence, to reach the same effective end. But, there's no way to absolutely secure a permanent custodial arrangement in return for a waiver of arrears.

>
>2. Is there case law relating to involuntary lack of contact
>vs. voluntary lack of contact. CA family code states that 12
>months is prima facie evidence that the failure to contact was
>willful. It wasn't willful. Need case law.

Prima facie proof merely means that the basic case for termination is made. It's up to the agrieved party to show otherwise. As for case law, sign up with //www.versuslaw.com for $11.95 a month and search the caselaw till you're blue in da face.

>
>3. Any other info that might help such as other CA code that
>might override CA Family Code 8604(c)?

Frankly, I think your friend is making a big mistake, by not allowing the adoption and freeing himself of the burden of paying support. As to your direct question, I'm not really an expert in this area, and I don't have time to become one at the moment.

>
>Thank you so much!