Can CPS Terminate Parental Rights Without Evidence in California?

No, the court cannot simply terminate your parental rights. The termination of parental rights happens through a court order, so a judge has to make that determination. Once the order is issued, it terminates any rights connected to custody, visitation, and inheritance.

There are a few basic situations where parental rights in dependency court in California can be terminated.

• Physical abuse of the child
• The parent’s long-term mental illness
• Neglect or abuse of siblings or other children in the household
• Abandonment of the child
• The parent’s long-term substance abuse
• Sexual abuse of the child

If the rights of another one of the parent’s children are terminated, then they may have rights to the rest of their children terminated as well. Additionally, parents can choose to have their rights voluntarily terminated. To voluntarily terminate your rights, you will need the assistance of a juvenile dependency lawyer because there’s no specific form involved.

How to Avoid Having Parental Rights Terminated in Juvenile Dependency Court

Under Family Code section 7820, there are many reasons why parents can lose their rights. By talking to your lawyer about how to win a termination of parental rights case, you can take the first step toward getting your legal and physical custody rights back.

It’s also important to remember that there are a few specific situations where the court is not allowed to terminate your rights. If any of the following situations applies, you should be able to prevent the termination of parental rights.

• The child doesn’t want parental rights terminated and they are at least 12 years old.
• They are living with a relative who can’t or won’t adopt them.
• The termination would significantly interfere with the child’s relationships with their siblings.
• The parents have consistently maintained visitation with their child.
• The child is in a residential treatment facility, which makes it especially unlikely that they will be adopted.

Maintain Visitation

When it comes to the rights of parents in juvenile dependency court, one of the most important things you can do is maintain contact. Consistent visitation shows that you want to be a part of the child’s life and that you are committed to getting them back.

Work With an Attorney

If you are uncertain about how to win a parental rights termination case, try talking to your attorney about it. They’ll be able to give you advice on the best line of attack for maintaining your rights as a parent.

Fulfill Your Reunification Services

The court is more likely to terminate a parent’s rights if they don’t appear to be committed to getting their child back. After CPS provides you with family reunification services, it is important to fulfill them completely. Besides showing your desire to regain custody, these reunification services also remove any of the obstacles that were in the way between you and regaining custody.

Learn How to Protect Your Parental Rights

When it comes to parental rights, it’s important to remember the purpose of juvenile dependency court. The court’s primary focus is the child’s well-being and best interests. If you are doing everything possible to be a part of the child’s and support their well-being, it will be much harder for the court to terminate your rights as a parent.

To learn how to win a termination of parental rights case, reach out to our team today.