If your child has been without one or both of their parents for a period of time, you may wonder how to prove child abandonment. California has a variety of laws that address child abandonment and how it should be handled by the court. Read below to learn more about this situation. For more information about your specific case, call Law Offices of Rick D. Banks at 559-222-4891.
What Is Child Abandonment?
A parent may have abandoned their child if they have left their child with the other parent for over a year, without any communication or they have left their child with another person for over six months without any communication. Often, this happens when a child is left with one parent or a family member. Sometimes, the child will be left with foster parents or in state custody. However, if a parent fails to communicate with their children for a long period of time, abandonment may be a consideration.
Proving Child Abandonment
In order to prove child abandonment, you must show that a parent has failed to take part in their child’s life for a long period of time. That includes lack of visitation and no calls for one year if a child is with their other biological parent or six months if they are with someone else.
You must submit testimony or an affidavit to the court claiming that there has been no contact between the child and parent for a period of time. It is then up to the other parent to submit evidence that they have communicated with the child. If a parent is present and claims to have had communication with their child, it is unlikely that their parental rights will be terminated because they are making an effort to interact at that time.
Termination of Parental Rights
If a parent abandons their child, you may not have to go to court to litigate the child abandonment case; however, you will have to go to court to terminate a parent’s parental rights. If you fail to terminate parental rights, then a parent will still have the right to establish custody and visitation with their child.
If a parent agrees to terminate their parental rights, then the court process will be easier and less costly. You will still need to file an agreement with the family law court so that it can become a court order. Once the court issues an order terminating parental rights, that parent can no longer establish custody or visitation with the child.
Courts carefully protect the parental rights of biological parents. Both mothers’ and fathers’ rights are considered by the court during termination proceedings. If a parent agrees to terminate their own parental rights, it’s still important to consult with an experienced child custody attorney.
Contact a Child Custody Attorney About Child Abandonment
If you are wondering how to prove child abandonment, contact a child custody attorney right away. We will gather the necessary evidence to help support your case. Call Law Offices of Rick D. Banks at 559-222-4891.