Legal Question in Family Law in California
termination of fathers rights
i'm divorced from my childs father and hold sole physical custody. He is allowed supervised visitation if wanted but hasn't seen or had any contact since Februray of 2000. The child is gonig to be 5 years old in June. What would I have to do to get his rights terminated? He is a drifter and I don't know his whereabouts.
2 Answers from Attorneys
Re: termination of fathers rights
Set up an OSC hearing with the court to discuss. Unless good reason, I doubt the court will terminate the father's rights.
Re: termination of fathers rights
It is probable that the court would terminate his visitation rights because of the lengthy time since there was contact and the age of the child. It would be traumatic for a 5 year old child to suddenly have to visit with a stranger. If dad came back he could request and probably get visitation order. Normally there would be a period of reintroduction between father and child.
However, it is unlikely that the court would terminate his parental rights unless there is an adoptive step-father in the wings. The court does not like to terminate parental rights unles there is another perso ready to step up and take responsibilty for the child.
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