How Can You Win a Termination of Parental Rights Case?

To successfully terminate a parent’s rights, a few situations must be present. Under Welfare and Institutions Code (WIC) 361.4(b) and 366.26(c)(1), the court doesn’t have to reunify children with parents when specific circumstances apply. The following are just a few situations where this can happen.

• Another child in the parent’s care died through neglect or abuse.
• No one knows the whereabouts of the parent.
• The parent has sexually or physically abused the child or a sibling.
• The parent has a mental disorder that keeps them from using reunification services.
• The parent abandoned their child or voluntarily surrendered them.
• The parent has a history of chronic drug use.

However, there are many circumstances that can also prevent the CPS termination of parental rights. A child over the age of 12 can object to the termination, or they may be in a foster placement where adoption is unlikely. Alternatively, the parent’s rights may be preserved if the child is living with a family member who is not interested in adopting the child.

The parent’s continued involvement can greatly impact whether their parental rights are maintained or not. Under WIC 366.26(c)(1) and (e)(2), these rights may be preserved if they have consistently visited the child, and those visits provide a positive benefit for the child.

If you are trying to terminate the rights of the other parent in court, the process can be challenging. Because of this, it’s important to reach out to a professional attorney to learn more about your options. Depending on the circumstances of the case, the termination of parental rights may occur during adoption proceedings, a juvenile dependency court case, or family court proceedings.

What Happens After Parental Rights Are Terminated?

A legal parent, grandparent, adult sibling, or step-parent of the child can file for the termination of parental rights. Additionally, anyone who has taken over custody of the child can file for termination of rights. If the case is successful, parent-child reunification will not happen.

Whether the rights are terminated voluntarily or involuntarily, the parent will no longer have any claim on the child’s rights. The child can legally be adopted, and the parent isn’t obligated to pay child support. In essence, it makes it so that the child and parent are no longer legally bound to each other in any way. From receiving an inheritance to selecting the child’s school, it will be like the parent’s rights and connection no longer exist.

Terminating parental rights is a serious step. Whether you’re concerned about child welfare or family reunification, it’s important to understand what this process entails and what is required to prove that parental rights should be terminated in juvenile dependency court.

Discover the Next Steps for Your Dependency Case

If you’re afraid of CPS termination of parental rights, help is available. You don’t have to handle your case alone. By partnering with experienced dependency attorneys in CA, you can take the next step toward building your case. Whether you’re trying to protect your parental rights from termination or need assistance terminating the rights of the child’s parent, a skilled attorney can discuss the requirements of your case and what type of outcome you can expect.