Key Takeaways
- Once you have a child, you are legally responsible for them and can’t usually just “sign away” parental rights. There are, however, caveats.
- Courts are reluctant to terminate parental rights unless there are serious issues and a child’s safety and well-being are at stake.
- Voluntary termination is mainly only allowed in cases of adoption, most commonly stepparent adoption.
- Once an adoption is finalized, both rights and obligations are terminated.
- Involuntary termination of parental rights by the state is more common than voluntary termination.
In both scenarios, a court order is required. And as is usually the case in legal matters, it’s not as straightforward as it sounds. A case must meet specific criteria.
Related Reading: In-Depth Look At Parenting Plans
Voluntarily Terminate Parental Rights
There are many reasons people may want to terminate parental rights. Often, issues with mental illness, addiction, or abuse play a role in these situations.
The custodial parent may make it clear that the other is no longer welcome in a child’s life. If they’re old enough, a child may even be able to communicate that one parent is no longer welcome. That said, in general, once you bring a child into this world, you’re legally responsible for them.
The court can deny a parent visitation, especially if there’s potential danger involved. Still, the non-custodial parent will be on the hook for maintenance payments and the like.
The one situation where one can voluntarily terminate parental rights is in the case of adoption.
At a basic level, for a parent to waive their rights, there must be someone else ready and waiting to step in.
Stepparent adoption is the most common situation. After a divorce or the end of a relationship, if a spouse remarries, the new partner can legally adopt the child. It’s also possible to sign away parental rights to allow an agency or a third party to adopt the child. In the latter instance, both birth parents must relinquish their rights.
However it goes, once adoption is finalized, the old parent cedes obligations and rights to the new parent. If this is you, you no longer have to deal with custody, child support, visitation, or other responsibilities. On the other hand, you no longer have any right to be a part of the child’s life down the road. That’s a huge choice, one worth serious consideration.
Related Reading: What is the Guardian ad Litem and the Minor’s Counsel?
Involuntarily Terminate Parental Rights
While it is theoretically possible to terminate parental rights on your own, it’s vastly more common for the court to handle these matters.
Neither parent can sign away their parental obligations, but the state can step in and cut them off. The court may intervene if it deems that one parent is unfit or poses a threat to the child.
The most common reason for this is abandonment. Under the California Family Code, the court can terminate parental rights if the non-custodial parent abandons the child.
Three factors go into deciding whether or not this is the case:
- That parent provides no financial support.
- That parent has no—or at least a minimal—amount of contact with the child for a year or more; and
- The intent was to abandon the child.
If you are the custodial parent and your situation meets these criteria, you can bring a case against your ex to terminate parental rights. A grandparent or stepparent can also initiate these proceedings. So can an adult sibling of the child in question, a stepparent, or another adult who has assumed care of the child while the biological parents are absent.
Related Reading: What is a De Facto Parent?
Juvenile Dependency Court
If one or both parents struggle with substance abuse, are abusive, are involved with criminal activity, or are otherwise unfit, the Juvenile Court may step in and terminate parental rights. The court can award sole custody to one parent.
However, if both parents get cut off, the child becomes the legal ward of the state and can be adopted without consent from the parents.
Stepping Away
It is, however, possible to effectively remove yourself from a child’s life and maintain some parental rights. Instead of trying to terminate parental rights, you can simply take a step back.
Though you’ll remain financially responsible, a person can forego any practical involvement in a child’s life. This can provide space to deal with mental health issues, cope with substance abuse, or work through any other problems.
This approach also leaves the door open for a future relationship once you vanquish whatever demons you may face. But the possibility of reconciliation remains as ties aren’t legally severed.
Whether to terminate parental rights is a significant decision. It’s not one the courts enter into lightly. In most cases, even if the situation is far from perfect, the court views having both biological parents in a child’s life as in the child’s best interest.
Related Reading: Ex Refuses Court-Ordered Visitation
