Children are brought into the world innocent and fully dependent upon their parents to support them financially, physically, and emotionally. When this does not occur, the child is vulnerable to abandonment and neglect, and the parents may be forced to waive their parental rights by a court. However, what if the parents are not being forced to waive their rights? This may leave people asking, can parents waive their parental rights?
In California, as in many other states in America, parents have a plethora of rights and responsibilities when it comes to caring for their children. Bringing a child into this world should not be done lightly, as the safety, care, development, and nurturing of the child falls on the parents. Parents also have rights in terms of caring for their children. Along with these rights come responsibilities, including:
When one or both parents are not able to or refuse to fulfill their responsibilities to their child, they can voluntarily terminate their parental rights. Though many parental rights termination cases are involuntary, a parent may be making the right decision for their child by relinquishing their parental rights.
To terminate their parental rights, the parent must petition for termination of parental rights and complete an investigation questionnaire. While parents may draft the petition on their own, hiring an experienced attorney is advisable for the greatest chances of the petition being granted. For parental rights to be terminated, one or more of the following must occur:
In addition to these criteria, the parent must receive permission from the other parent, when possible, before terminating their rights. The final step after completing the petition and questionnaire is to request a termination hearing.
Other reasons a parent may waive their parental rights are for adoption, divorce, legal guardianship, or legal separation. For a child to be adopted, the parent must waive their parental rights. Once the parent relinquishes their rights, they also terminate their right to the child’s earnings or inheritance, custody, support, visitation, and the child’s misconduct.
Terminating your parental rights is a serious step. It is understood that this step is not taken lightly, and much consideration and thought must be put into the decision. Children deserve a fair shot at life to grow and develop into responsible, mature, and whole adults. This can only happen in an environment where they are nurtured by capable parents.
If you find that you are incapable of caring for your child for one of the above reasons, you should reach out to a lawyer. At the Ewing Law Group, PC, we have experience guiding parents through the process of terminating their parental rights. We know this process can be difficult and emotionally challenging, and we are here to help.
A lawyer from Ewing Law Group, PC can help with:
A: Yes, a parent can voluntarily terminate their parental rights in California. In California, parental rights may either be terminated by the court based upon several factors that deem them unfit to parent or by the parent’s own volition. Once parental rights are terminated, an adoption agency or stepparent may take the parent's place.
A: In California, a child cannot refuse to see a parent until they are 18 years of age. However, at the age of 14 they can address the court and express their preference for custody and visitation, though the court makes the final decision regarding what is in the best interest of the child. A legally emancipated child can also refuse to see a parent, but in California, this occurs at age 18.
A: No, a parent cannot waive child support in California. California’s family laws are strict when it comes to child support and child custody as the best interest of the child is always considered. Waiving child support may not be in the child’s best interest because it can interfere with the child receiving the support they need to develop and thrive.
A: In California, both parents must be absent for 6 months to lose rights. This means the parent does not make provisions for the child’s support and care or does not make communication. Further, if the sole parent abandons the child for a year without making provisions for the child’s care and support, this is also abandonment and is grounds for losing parental rights.
At Ewing Law Group, PC, we pride ourselves on providing personal attention while offering a wealth of experience. We understand that waiving your parental rights is a difficult decision, typically brought on by unfortunate circumstances. We are here to provide support and legal assistance. Reach out to us today to learn more about our quick turnaround times and affordable rates.
