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04-28-2001, 01:36 AM
| | | | In the state of California what are the criteria to terminate parental rights? I have poured over the codes to no avail. Children are with one healthy parent and there are no contact orders for other parent making 7 years total of no contact. When abandonment does not apply and there is a history of abuse what is the criteria. There is a father waiting to adopt. | 
04-28-2001, 02:50 PM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,191
| | | My response:
This is an extremely complicated issue - - too much for a Bulletin Board. There are many, and varied, intertwining issues that need to be discussed, both statutory and Constitutional. Being an absent, no contact, parent may in all probability, not be enough - - but is only one spoke in the wheel.
Please obtain a consultation with an attorney to go over all issues that your question presents.
Thanks for writing.
IAAL | 
04-28-2001, 05:32 PM
| | | | Please excuse me for persisting but so far the attorneys I have spoken with honestly have been in oregon and the law here is weak in my situation. Father is convicted of third class felony abuse 2 counts will be registered for life as a sex abuser, the victim was his oldest daughter age five disclosed at age 6. Niether child lived with him since 1995. Father to adopt is active step-parent volunteering at school functions,field trips,carpooling to karate lessons,attending parent teacher conferences for my children these past three years he has even attended therapy with my family regarding my daughters abuse. I consider him an equal parent. Bio fathers family has MONEY and my father in law had power of attorney during my divorce. I will be selling my home soon and plan to use some of the equity to terminate parental rights but that money is also to raise my girls so I need to be as frugal as I was through the divorce. I would like to research myself as the hours spent at the lewis and clark law library this summer were worth the footwork and helped return a very lucrative outcome in my divorce. If you could point me to codes or case law in califoria at least that would be a start. Thank you. | 
04-28-2001, 06:13 PM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,191
| | | My response:
While I certainly applaud you for your hands-on efforts in these matters, you are about to embark upon one of the singlemost difficult areas of Family Law. Like I said, and despite the bio-father's past, there are many twists and turns in this area - - in other words, in this area, I must caution you to re-think your need to be "frugal". You're going to be embarking on Constitutional law that, at best, is difficult to understand, and worse, to work with. Now, I don't pretend to second guess you and your knowledge of law, but at the very least, get an attorney who understands this area of law in your "hip pocket" to review your ideas, thoughts, and pleadings. This, to keep you focused and in the correct direction.
Here's the California Statutes:
[url]http://www.leginfo.ca.gov/calaw.html[/url]
I would also suggest that you also contact West Group Publishing company to buy their "Rutter Practice Guide" and their "California Practice Guide" - - extremely wonderful research discs for your computer. Got a question, look on the discs. They are very easy to operate - - you just need to know the right "search word" parameters.
Also, these are very expensive computer programs, but certainly not as expensive as hiring an attorney. They are extremely well written guides, with the professional in mind. They have printable forms and pleadings.
I wish you the best of fortune.
IAAL | 
05-24-2001, 05:45 PM
| | | | IAAL would you be willing to help me with this a little?So far I have done okay, but I am worried should anything happen to me this mans family would fight for my children. They sent letters that were considered close to bribery during the trial and refered to when all this started to happen meaning my daughters disclosure date. The judge reminded everyone her disclosure date was when it all stopped happening, because then she was safe. | 
05-24-2001, 06:15 PM
| | Senior Member | | Join Date: Jan 2000 Location: Los Angeles, California
Posts: 38,191
| | | My response:
Have you looked into buying the legal discs mentioned above ?
Have you seen a local Family Law attorney for this complicated issue ?
Have you tried going to a law library ?
Please tell me what you've done, in detail, to assist yourself in this matter.
Like I said, it's not a matter of not wanting to help you, it's just that detailed help, like you need, is not conducive from a Bulletin Board. The issue is EXTREMELY complicated - - just like I said, above.
IAAL | |
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