|
 Probate Court
 Property Transfers at Death
Simplified Probate
Procedures
FAQ's
- Probate a Decedent's Estate
Probate Process Diagram
Preparing the Petition
Administering
the Estate
Closing and Distributing the Estate
Trusts
Probate
Help for Children
Adoption
Guardianship
Emancipation
Name Change
Minor's Compromise
Protecting
a Child's Assets
Community Resources
Help for Adults/Elders
Conservatorship
LPS Conservatorship
Conservatorships for Developmentally Disabled Adult (Limited Conservatorships)
Medi-Cal
Name Change
Adult Adoption
Dependent Adult/Elder Abuse
Restraining Orders
Financial & Medical Decision Making
Durable Power of Attorney
Health Care Decision Making
Living Trusts
Petitions to Establish Birth, Death or Marriage
Resources & Referrals
Frequently Asked Questions
California Probate Referees
Local
Probate Rules
Probate Forms
Probate
Fees
Finding
a Probate Lawyer
Probate
Terms
Probate
Court Location
Self-Service Home
Main
Court
Site
Case
Info
Site
|
|
Self Service Home | Glossary |
Search |
Site Map | Feedback | Contact
Probate Court
Adoption - Rights of Birth Parents
[Esta página está en español;
Trang này bằng tiếng Việt]
This section answers common questions about the rights of the birth parents
(also called biological parents).
Click on a topic to learn more:
- What should I do if I get served a Notice of Alleged Paternity?
- What if my child has been living with someone else for over one year and
now they want to adopt my child?
- Can I visit my child after the adoption?
- What if my spouse has a child from a previous marriage (or relationship)
and I have been like a parent to this child and I now want to adopt him/her?
- What if my ex-spouse has a child from our marriage and now s/he and the
new spouse want to adopt him/her?
- I have been taking care of my grandchild for several months. I am afraid
that his/her parents may show up and take my grandchild away. Do I need to
file for guardianship or adoption?
- Do the parental rights of the biological parents have to be ended in
every adoption?
- How do I end the parental rights of the mother?
- How do I end the parental rights of the father or presumed father who was
married to the mother?
- How do I end the parental rights of the father or alleged father who was
not married to the mother?
- Other adoption information at this site
- What should I do if I get served a Notice of Alleged Paternity?
A Notice of Alleged Paternity is to tell you that the other parent says you
are the father of the child and that your parental rights will end if you
don't file court papers in 30 days.
If you think you are the father of the child in the Notice and you do not
want the child to be
adopted,
you must act quickly to
contest the adoption. Ask a lawyer for help. If you
don’t have enough money to hire a lawyer, you can ask the
Court to give you
a lawyer.
If you were married to the mother of the child in the Notice, you may have
rights not listed in the Notice. Ask a lawyer for help as soon as possible.
You will have to file papers with the Court and you must serve a copy of the
papers on the person who served you with the Notice of Alleged Paternity.
If you think you are not the father of the child in the Notice and/or you do
not oppose the adoption, you don’t need to do anything. The Court will
probably end your parental rights after 30 days.
- What if my child has been living with someone else for over one year and
now they want to adopt my child?
If you do not want your child to be adopted and you have not had contact
with your child for over a year, you must act quickly to contest the
adoption. Ask a lawyer for help. If you don’t have enough money to hire a
lawyer, you can ask the Court to give you a lawyer.
You must file a written objection to inform the prospective adoptive
parents, their lawyer and the Court that you do not agree with the adoption.
A social worker may contact you to see if you will sign a
consent form, or
the adoptive parents may try to end your parental rights.
If you agree to the adoption, you can sign a Consent to the Adoption. A
Social Worker must be there when you sign the Consent.
top of page
↑
- Can I visit my child after the adoption?
If you are related to the proposed adoptive parents, and everyone agrees,
you can sign a Post Adoption Contact Agreement that allows you to contact
the child, while the child is growing up.
- What if my spouse has a child from a previous marriage (or relationship)
and I have been like a parent to this child and I now want to adopt him/her?
You probably need the other parent’s consent. If the other parent does not
agree to the adoption, the adoption cannot go forward.
But, if the other parent is an “alleged father,” the Court may decide to end
his/her parental rights.
Ask a lawyer for help.
- What if my ex-spouse has a child from our marriage and now s/he and the
new spouse want to adopt him/her?
They cannot adopt your child without your consent. But, if you have not had
contact or supported your child for more than a year, the new spouse can ask
the Court to end your parental rights.
If that happens, they must serve you with a copy of the court papers. If
they cannot locate you, they must publish a notice in a newspaper.
Ask a lawyer for help as soon as possible.
- I have been taking care of my grandchild for several months. I am afraid
that his/her parents may show up and take my grandchild away. Do I need to
file for guardianship or adoption?
In a probate
guardianship, the Court usually suspends – but does not end the
rights of the parents. As
guardian you would have custody and care for the
child until one of the following things happens:
To be a probate guardian to a child, you have to fill out forms and give
information to the Court.
For more information on probate guardianships:
In an adoption, the parents either sign a consent to the adoption or the
Court ends the rights of the biological parents.
This process is explained above. Talk to a lawyer to learn more about your
options.
What if I want to be able to visit my grandchild and the parents may not
allow it?
- Do the parental rights of the biological parents have to be ended in every
adoption?
Yes. The only exception is for adult adoptions.
- How do I end the parental rights of the mother?
If the mother will not give her written consent to the adoption (or if she
does not give up the child for adoption), the adoption cannot move forward
unless the Court ends her parental rights.
You must file a Petition to Terminate Parental Rights. The most common
reason for a judge to end the mother's parental rights is that she has
abandoned the child.
Abandonment is when a mother leaves her child with anyone who is not the
father for 6 months or more, or when she leaves the child with the father
for 1 year or more, with little or no communication with the child.
A judge may also consider failure to pay child support as an intent to
abandon a child.
There are other reasons that a judge will end the mother’s parental rights,
including habitual drug use or a
felony
conviction.
The Court will not end a Mother’s parental rights unless it finds clear and
convincing
evidence. (This is the highest possible proof in a civil case.)
- How do I end the parental rights of the father or presumed father who was
married to the mother?
Read about how to end the parental rights of the mother above. It is the
same procedure.
- How do I end the parental rights of the father or alleged father who was
not married to the mother?
An alleged father must be served with a Notice of Alleged Paternity. Get
help from a lawyer to fill out and
served this form. The father has 30 days
after getting the Notice, or after the child is born, whichever is later to
file court papers. If he does not do this, after being properly served, the
Court can end his parental rights.
Even if the alleged father files court papers, the Court can still end his
rights and allow the adoption to proceed if the judge finds the adoption is
in the child’s best interest.
- Other adoption information at this site
top of page
↑
|
|
