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.