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    Physical Custody Termination Statutes Memo

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    bryanjsu
    A parent's rights to physical custody of a child can be terminated through statutory grounds that require either a governmental agency petition, an adoption proceeding, or the child being declared a dependent of the court. A parent's rights may be terminated if they have abandoned the child for over a year without support or communication and intended to abandon the child, but only a government agency can petition for this. Physical custody rights can also be terminated if the child has been neglected, abused, or the parent is unfit due to issues like addiction, felony convictions, or disabilities - but in these cases the child must be a dependent of the court. If a parent's rights are terminated, it also ends their financial obligations to the child.

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    Physical Custody Termination Statutes Memo

    Uploaded by

    bryanjsu
    92 views3 pages
    A parent's rights to physical custody of a child can be terminated through statutory grounds that require either a governmental agency petition, an adoption proceeding, or the child being declared a dependent of the court. A parent's rights may be terminated if they have abandoned the child for over a year without support or communication and intended to abandon the child, but only a government agency can petition for this. Physical custody rights can also be terminated if the child has been neglected, abused, or the parent is unfit due to issues like addiction, felony convictions, or disabilities - but in these cases the child must be a dependent of the court. If a parent's rights are terminated, it also ends their financial obligations to the child.

    Original Description:

    Summary of California Family Law Statutes regarding termination of Physical Custory

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    A parent's rights to physical custody of a child can be terminated through statutory grounds that require either a governmental agency petition, an adoption proceeding, or the child being declared a dependent of the court. A parent's rights may be terminated if they have abandoned the child for over a year without support or communication and intended to abandon the child, but only a government agency can petition for this. Physical custody rights can also be terminated if the child has been neglected, abused, or the parent is unfit due to issues like addiction, felony convictions, or disabilities - but in these cases the child must be a dependent of the court. If a parent's rights are terminated, it also ends their financial obligations to the child.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    92 views3 pages

    Physical Custody Termination Statutes Memo

    Uploaded by

    bryanjsu
    A parent's rights to physical custody of a child can be terminated through statutory grounds that require either a governmental agency petition, an adoption proceeding, or the child being declared a dependent of the court. A parent's rights may be terminated if they have abandoned the child for over a year without support or communication and intended to abandon the child, but only a government agency can petition for this. Physical custody rights can also be terminated if the child has been neglected, abused, or the parent is unfit due to issues like addiction, felony convictions, or disabilities - but in these cases the child must be a dependent of the court. If a parent's rights are terminated, it also ends their financial obligations to the child.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    The document discusses the various legal procedures and conditions for terminating a parent's rights to physical custody of a child in California, including abandonment, neglect/abuse, addiction/depravity, felony conviction, disability, adoption and failure to support.

    The statutory grounds for terminating a parent's rights to physical custody include abandonment of the child for over a year, neglect or abuse of the child, addiction or moral depravity of the parent, felony conviction of the parent, disability of the parent, and failure to communicate or support the child for over a year.

    A parent's rights can be terminated for abandonment of the child if the parent has left the child in the care of the other parent for over a year without provision of support or communication, with the intent to abandon the child. However, only a governmental agency can bring this termination petition for the purpose of adoption.

    Issue: What is the procedure for terminating a parents rights to physical custody?

    Answer:

    There are several statutory grounds for terminating a parents rights to


    physical custody to a child, but they all require either a governmental agency
    bring the petition to terminate, an adoption proceeding, or the child be
    declared a dependent of the court.

    1.

    Executive Summary.

    A parents rights to physical custody can be terminated if that parent has abandoned the child for
    a year or more, with the intent to abandon the child. However, a petition seeking termination for
    this reason can only be brought by a governmental adoption agency or the State Department of
    Social Services. Other statues exist for terminating parental rights, but they all require the child
    be adopted or be a dependent of the court.
    Termination of all of a parents parental rights also terminates all obligations and responsibilities
    for the parent, including any obligations to child support.
    2.

    Termination of physical and legal custody rights for abandonment of the child.

    A proceeding may be brought to have a child declared free from the custody and control of a
    parent if the child has been abandoned by the parent. See Cal. Fam. Code 7822. Abandonment
    can be found if [o]ne parent has left the child in the care and custody of the other parent for a
    period of one year without any provision for the childs support, or without communication from
    the parents, with the intent on the part of the parent to abandon the child. Id. Either the failure to
    support or the failure to communicate is considered presumptive evidence of the intent to
    abandon. Id.
    However, this proceeding can only be brought by governmental agencies for the purposes of
    adoption. See Cal. Fam. Code 7840. An interested person, such as a stepfather or relative who
    intends to adopt the child, may file a petition. See Cal. Fam. Code 7841.
    3.

    Termination of physical and legal custody rights for neglect or abuse.

    A parents custody rights can be terminated if the parent neglects or treats the child cruelly.
    However, the child must be a dependent child of the court. See Cal. Fam. Code 7823.
    4.

    Termination of physical and legal custody rights for parents alcohol/drug addiction
    or moral depravity.

    A parents custody rights can be terminated if the parent is addicted to alcohol, controlled
    substances, or is morally depraved. However, the child must be a dependent child of the court.
    See Cal. Fam. Code 7824.
    5.

    Termination of physical and legal custody rights for parents felony conviction.

    A parents custody rights can be terminated if the parent has been convicted of a felony, if that
    felony proves the parents unfitness to have custody and control of the child. See Cal. Fam.
    Code 7825.
    6.

    Termination of physical and legal custody rights for parents disability.

    A parents custody rights can be terminated if the parent has been declared developmentally
    disabled or mentally ill. See Cal. Fam. Code 7826.
    7.

    Termination of fathers physical and legal custody rights for adoption.

    A fathers custody rights can be terminated, in conjunction with the adoption of a child, if the
    fathers relationship with the child has already been terminated, the father does not attempt to
    establish legal paternity of the child, or if the father voluntarily consents to the adoption. See
    Cal. Fam. Code 7662.
    8.

    Termination of physical and legal custody rights for parents willful failure to
    communicate and provide support for child.

    A father can be denied the opportunity to deny the adoption of his child if he has willfully failed
    to communicate with and to support the child, when he had the opportunity to do so, for a period

    of one year or more. See Cal. Fam. Code 8604.


    9.

    Termination of physical and legal custody rights of parent if adoption by guardian is


    in childs best interests.

    A child can be declared free from the custody and control of a parent, in conjunction with an
    adoption action or guardianship proceeding, if:
    (1)

    The parent does not have legal custody of the child;

    (2)

    The child has been in the physical custody of the guardian for two or more

    years; and,
    (3)

    The court finds that it is in the best interest, based on the childs

    relationships with the parents, siblings and guardian, to have the guardian adopt
    the child.
    See Cal. Prob. Code 1516.5
    10.

    Termination of physical and legal custody rights also terminates parental


    responsibilities and obligations.

    Any judgement that terminates parental custody and control also terminates all parental rights
    and responsibilities with regard to the child, Cal. Fam. Code 7803, including child support
    payments. [A]n order terminating parental rights ... clearly ends the parents support
    obligation. County of Ventura v. Gonzalez (2001) 88 Cal.App.4th 1120, 1123-1124.

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