Can a Parent Permanently Lose Custody Rights in California?

The family court system of California has a legal obligation to protect the best interests of the children affected by family court orders, including divorce cases and child custody determinations. Generally, the court upholds that a child thrives best with equal access to both of their parents. However, the court will only seek such custody arrangements as long as both of the child’s parents are fit and safe to raise their child. When a parent has engaged in criminal activity, especially any misconduct that involves victimization of their child or other children, the court is unlikely to grant much in the way of custody rights to the parent. It’s also possible for a parent to permanently lose their custody rights as a result of some behaviors.

Involuntary termination of parental rights is one of the most severe penalties a parent can face through the family court system. Additionally, when a parent qualifies for involuntary termination of their parental rights, their behavior could be severe enough to warrant criminal prosecution as well.

Domestic Violence and Child Abuse

The California family court’s legal obligation to preserve the best interests of children inherently extends to protecting children from abusive or neglectful parents. Two issues that have a high potential for leading to involuntary termination of parental rights in California are domestic violence and child abuse. “Domestic violence” is a relatively broad legal term that applies to any act of violence between members of the same household or family, even if they do not live together. If a parent is convicted of domestic violence of any kind, the court may strip them of any custody or visitation rights they previously had.

Child abuse of any kind will almost certainly lead to involuntary termination of parental rights, even if the offender abused a child who is not their own. In this type of situation, involuntary termination of parental rights typically happens through a court order. Once the court receives notice of the offending parent’s behavior, they may initiate termination proceedings without any input from the child’s other parent. They may call on the other parent to testify on the matter, but the court’s duty to protect the best interests of the child takes precedence and may unfold with minimal involvement from the other parent.

Other Grounds for Terminating Parental Rights

Aside from overt misconduct like domestic violence and child abuse, a parent could also face involuntary termination of parental rights for other reasons. These reasons include:

• Abandonment. If a parent has not had any contact with their child in at least six months and has made no effort to contact the child or exercise their parental rights, the court will consider this abandonment. It’s important to note that involuntary termination of custody and visitation rights will not nullify the parent’s child support obligation unless the child is adopted by a stepparent.
• Substance abuse disorders. If a parent has displayed a pattern of substance abuse or has a disability-related to alcohol or drug abuse, it can be sufficient grounds for the court to terminate their parental rights. Even if the parent completes rehabilitation and recovers from their substance abuse disorder in the future, they are unlikely to regain their parental rights.
• Mental illness and developmental disabilities. If the court determines a parent is not capable of effectively managing parental responsibilities due to a developmental or cognitive impairment, the court may deem the parent is unfit to exercise parental rights. In many of these situations, the parent may qualify for supervised visitation rights at the court’s discretion as long as they do not pose a direct threat to the child’s safety.

While involuntary termination of parental rights can only occur with a court order, a child’s parent can submit a petition to the court to request termination of the other parent’s rights based on these factors. In many cases, these petitions will lead to larger legal cases, including criminal cases if the offending parent has directly harmed their children or committed a felony of any kind.

Can a Parent Recover Their Custody Rights After Involuntary Termination?

There is currently no legal mechanism for a parent to regain lost parental rights following involuntary termination. If you have lost your parental rights for any reason, it would be virtually impossible to regain them in any measure. However, the court may agree to limited visitation in certain circumstances with the consent of the custodial parent. For example, if a parent’s custody and visitation rights are revoked due to a substance abuse disorder but they complete rehab and demonstrate they have turned their life around, the custodial parent may be willing to agree to limited supervised visitation.

Parents may also voluntarily surrender their parental rights, but there must be a stepparent willing to adopt the child for this to occur. If a biological parent does not wish to pay child support and does not want to have any involvement in their child’s life, they can relinquish parental rights. In this situation, the child’s custodial parent has remarried and the stepparent is willing to adopt the child and assume full responsibility for them.

Consult an Attorney

If you are a custodial parent and feel that your child’s other parent presents any potential danger to your child, you need to notify your attorney about your concerns as soon as possible. Your attorney can help you determine the best available legal mechanisms you can use to protect your child. If your child’s other parent has engaged in criminal misconduct, abused your child, or otherwise failed to fulfill their parental obligations, call our firm. You can petition the court to remove their custody and visitation rights. Your attorney can also help you secure a restraining order if necessary, and the other parent’s behavior might constitute grounds for criminal prosecution.

Whatever your case entails, reliable legal counsel is invaluable in this challenging situation. Contact Bickford, Blado & Botros today to learn more about your options for changing a custody order and legally protecting your children.

 

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