Has your child's other parent failed to participate in their life? Did they not visit or provide financial support? Did the parents of the child in your care haven't had any parental authority in more than six months?
California family law prioritizes the well-being of children. If one or both of the child's parents fail to take care of them, the state can take away their custody and right to decide for the child.
So, how do you claim child abandonment in California? Who has the right to do so? Let's see what our California family law attorneys have to say about it:
Ending Parental Rights Because Of Child Abandonment In California
Child abandonment is a serious issue. Even in child custody battles, judges will try to ensure that both parents get the same amount of contact with the child. Only in severe cases—like abuse and abandonment—will they revoke parental rights.
What Qualifies As "Child Abandonment" In California?
According to California Family Code Section 7820, if a parent is found to have abandoned their child, the family law court may terminate their parental and custodial rights. For instance, if the other parent has done any of the following, you may be able to prove that they have abandoned your child and end their custody rights:
- Gave no financial assistance
- Spent more than a year having little to no contact with your child
- Had intended to leave your child behind
The other parent would no longer be able to have future custody or visitation rights with their child if parental rights were terminated. To start this process, consult with a California family law attorney to assist you.
Who Can File A Child Abandonment Case In California?
In accordance with California Family Code Section 7820, if a child meets any of the criteria listed in Section 7822 of the California Family Code, you may file a petition to terminate parental rights to have child custody. In addition, the child should be under 18 and declared free from the custody and control of the child's legal parent or parents.
People who can file child abandonment cases include, for example:
- A child's legitimate parent
- A child's grandmother
- A child's stepparent
- An older sibling
- Any other adult who, in the absence of the child's legal parents, has assumed responsibility for the child's care and custody
That said, you'll need proof that abandonment happened and show that you can take care of the child in the absence of the parent. Experienced Los Angeles family lawyers can help you build a solid claim.
When Can You File A Case Of Child Abandonment? (Section 7822 of the Family Code)
You may file a child abandonment case under any of the following conditions, per California Family Code section 7822:
- The legal parent or parents have abandoned the child without providing identification (such as a birth certificate).
- The child has spent at least six (6) months in custody and care of another person after being abandoned by both parents or by a parent with sole custody.
- The child has not received financial support from the legal parent or parents during this time, nor have they spoken to them. Therefore, the biological or legal parent(s) must also intend to leave their child behind.
- The child has been in your care and custody for at least one (1) year, and the other parent has not communicated with the child during that time.
- Additionally, the other parent had to have intended to abandon the child and not given the child any support during the entire year.
If your case falls under one of the circumstances above, you may be able to win a child abandonment case and have the other parent's parental rights terminated (or legal parents). However, the family law courts are hesitant to revoke parental rights, which is crucial to note, given the seriousness of child abandonment cases.
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