If the other parent of your child has not had any contact with your child and has not provided any financial support, you may be able to have their parental rights terminated. The child abandonment process is the process of terminating the rights of a parent.
Child abandonment cases are very complicated and the family law court is often reluctant to terminate the parental rights of a parent. For this reason, you should not attempt to bring a child abandonment case against the other parent of your child without retaining an experienced Orange County child abandonment attorney.
Child Abandonment Process in Orange County
The child abandonment process is difficult. It can be tough to prove the other parent is not taking proper care of the child without the help of an experienced family law attorney.
Under California Family Code Section 7822, you may bring a proceeding for the purpose of having your child who is under the age of 18 declared free from the custody and control of your child’s other parent by proving any of the following:
- Your child has been left without identification (for example, a birth certificate) by the other parent;
- If the other parent has sole physical custody of your child, the other parent has left your child in the care and custody of another person for at least six months. During this period, the other parent:
- Has not had any communication with your child;
- Has not provided any financial support for your child; and
- Has intended to abandon your child.
- The other parent has left your child in your care and custody for at least one year and has not communicated with your child during that year long period. The other parent also must not have provided any support for your child during the year-long period, and must have had intent to abandon your child.
Proving that the other parent intended to abandon your child can be very difficult. However, it is important to note that if the other parent has tried to communicate with your child on a few occasions, you may still be successful in your child abandonment legal action. It is in the family law court’s discretion to determine whether the other parent’s attempts to contact your child were sufficient to show that the other parent has not abandoned your child.
Consequences of a Successful Child Abandonment Case in California
If you successfully prove that your child has been abandoned by the other parent, the other parent will have his or her parental rights terminated. This means that the other parent may not make any claim for custody or visitation with your child. You would be the sole legal and custodial parent of your child.
Due to the serious nature of child abandonment cases, family law courts are very reluctant to terminate the parental rights of a parent. Family law courts always strive to ensure that children have “frequent and continuing contact” with both parents. Thus, it is important that you seek the assistance of an experienced and knowledgeable Orange County child abandonment attorney to help you through this complicated process.
Call an Orange County Child Abandonment Attorney
Our Orange County child abandonment attorneys at Wallin & Klarich have over 30 years of experience helping clients with child abandonment issues. We understand that child abandonment cases can be very stressful. We will guide you through every step of the child abandonment process, to ensure that you achieve the best possible outcome. With offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance and Sherman Oaks, a Wallin & Klarich child abandonment attorney can assist you wherever you happen to live.
To speak with an Orange County child abandonment attorney at Wallin & Klarich today, please call at (888) 749-7428. We will be there when you call.
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