If you’re having thoughts of terminating your parental rights or having your spouse’s rights removed, you need to think long and hard before making the final decision. Actually, the final decision is not yours; rather that responsibility remains with the Court.
What Happens When Parental Rights Are Terminated?
Generally speaking, when parental rights are terminated, that parent no longer has any rights to make any decisions concerning the child. It literally is as if the parent has absolutely no input or control over how the child is raised.
Why Have Parental Rights Terminated?
Parental rights can be terminated on a voluntary and involuntary basis.
In most instances of voluntary termination, the issue is adoption. For example, a stepfather may formally adopt the child of his spouse, but only if the biological or legal father consents to the adoption or voluntarily waives his rights.
You can have your former spouse’s parental rights involuntarily terminated by the Court if there are instances of:
- Child abuse
- Abandonment of the child
- Failure or inability to support the child
- One of the parents being in jail
Child Support Still in Effect After Termination
If you have been required to pay child support, that requirement remains in effect even if your parental rights have been taken away.
What Happens to the Child?
If one parent maintains parental rights, the child will stay with that parent. However, if both parents lose their rights, the State of California will assume custody of the child until a new guardian is found or the child is adopted.
Call The Men’s Legal Center if You Want to Have Spouse’s Parental Rights Terminated
The legal requirements and processes for terminating parental rights vary from state to state. That’s why it’s crucial to have legal representation to guide you through the process.
Get in touch with us here at The Men’s Legal Center by calling (619) 234-3838 or via email.