If you are not married to another man, there can be no adoption, but you can file and Order to Show Cause FL300, Fl150 to restrict his rights of visitation and use of drugs or alcohol in the presence of the minor children. It would be best to use an Attorney, if you can ot afford one try legal aid
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
The answer depends on the following: 1) is there a current custody/visitation order; 2) were you ever married to the father? For example, if there is no custody/visitation order and you never married the father, there is nothing to "terminate" because, legally, he has no parental rights. If on the other hand, there is a current custody order, then you would file a motion (FL-300 and FL-310) asking for a modification of custody and visitation. Depending on what you can PROVE to the court--with evidence, the court may agree with you that there should be no visits. In most cases, however, the court will order supervised visits for dad.
In order to terminate father's parental rights, you would need to prove to the court that the father has, in a nutshell, abandoned the child by making no attempts to make contact with the child.
If you cannot afford to hire an attorney, some options are as follows: 1) free legal aid; 2) the family facilitator (located at your local courthouse), 2) an experienced attorney qualified to provide legal coaching services.
PLEASE READ--before emailing, commenting or calling: As a rule, I do not respond to "comments" that are designed as follow-up questions to the originally-posted question. I specifically do this as to avoid creating any confusion to the originating author of the question and to prevent any attorney-client relationship from forming--as this is not the goal or intent of this attorney or the Avvo creators. Further, I am only licensed to practice law in the State of California; therefore, any information provided in this answer is intended for application in California. Second, the information provided in this answer is solely intended to serve as GENERAL INFORMATION, and, at most, to serve as a catalyst for discussion between you and an attorney. Under no circumstance, is this information provided in this "Answer" intended to be construed as legal advice--and is not to be considered legal advice for any purpose. If you wish legal advice, then it is recommended that you contact a licensed attorney in your area to discuss the particulars of your case. Only by engaging in a meaningful discussion with a licensed attorney, can an attorney then provide you with legal advice.
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