Legal Question in Family Law in California

Termination of parental rights

My 17 year old daughter has a 1 year old baby. Both lived in Tx until Oct. of 2002 when both came to live with me in CA. The baby's father (now 18 years of age) is mentioned on the birth certificate and has signed a statement of paternity. He has not had contact with his daughter nor has he provided for her in any way, shape or form since she was born. No custody agreement is in order nor were the parents ever married to each other. Is there any way we can terminate his parental rights on grounds of abandonment? Thank you.


Asked on 10/03/03, 5:24 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Termination of parental rights

Under these facts, I would say not likely, but you should check with a local family law attorney. You didn't indicate whether he was still in school, but that would make a huge difference in my mind. I'm assuming he is still living in Texas. She was the one who chose to move to California, so her decision there cannot be abandonment by him. At his age, especially if still in school, he probably has little or no income to get child support based on, since it is usually based on a table with specified percentages. Plus, if he is in Texas, you could only get a support judgment in Texas anyway. If he does not live in California, a California court cannot order support. What can you expect him to do, make regular trips to California? That may be reasonable after he has substantial income. And, it is pretty tough to talk to a one year-old on the phone. So, I think such a claim is probably premature here.

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Answered on 10/03/03, 5:43 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Termination of parental rights

Probably not. However, you can ask a California court to grant an order providing suppor. Call to discuss 800-685-6950

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Answered on 10/06/03, 11:38 am


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