Skip to main content

My childs mother wants to terminate parental rights. How do i go about this process?

Richmond, CA |

She has not been apart of his life for the past year and beforehand she was noncompliant, abusive, negligent and untrustworthy with the well being of my son. If she is finally serious about this I want to handle it ASAP

Attorney Answers 3


  1. A parent can consent to have their parental rights terminated. Consult with a family law attorney to assist with the process and provide appropriate advice and representation.

    The Law Offices of Michael Labrum (Offices in Ventura and Westlake Village; Serving Ventura, Los Angeles and Santa Barbara Counties) provides informational answers to questions posted on Avvo, and these answers do not create an attorney-client relationship, do not constitute legal advice, and are not intended as a substitute for a licensed attorney consultation. An attorney-client relationship is created by mutual agreement of both parties which includes a consultation and a signed agreement indicating the parameters of the attorney-client relationship. Please do not include confidential information when you email or submit a message using this website. Emails do not create an attorney-client relationship. The Law Offices of Michael Labrum does not seek to represent any person in a jurisdiction where it is not licensed to do so or where this site fails to comply with the laws and ethical rules of that particular jurisdiction.


  2. In California unless you have a cotemporaneous adoption going on with your termination of parental rights action it’s nearly impossible to obtain a termination of parental rights. If your fiancée or new spouse is interested in adopting then it can be a workable solution. Otherwise, the court is not going to take away from the State’s ability to go after Mom for future support obligations if in fact the State is ever required to pay money, unfortunate, but true.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  3. You have a long road to hoe. Termination of Parental Rights is hard to obtain in California absent a pending adoption. As stated in a previous answer the State is not going to let a source of child support payments slip away. I know that you probably don't need the support payments but if anything should ever happen to you the State will want someone to go after, that would be your child's mother.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship