Termination of Parental Rights After Two Year Guardianship In Place

At the Orange County Law Office of David P. Schwarz we are experienced parental termination attorneys in Orange County. We have litigated many termination of parental rights cases. If you have any issues regarding terminating your parental rights or wish to find a solution to terminate another parents rights to their children contact our office in Orange County at 949 735 9266 or consult us on the web or via email at dpslaw66@gmail.com.

At the Orange County Law office of David P Schwarz Under probate code section 1516.5 termination of parental rights is an alternative to the juvenile proceeding under welfare and institutions code section 366.26 and under Family Code Section 7822 dealing with abandoned children. Proceeding to have child declared free from custody and control of one or both parents.

An Orange County termination of parental rights attorney can assist a party in filing a termination of parental rights action in several different Courts such as an existing 1.guardianship proceeding, 2. an adoption proceeding, or 3. in a separate proceeding filed specifically to terminate parental rights. However, in order to accomplish the termination the Court must determine if certain requirements under the code are met.

The element that must be met is that the parents of the child do not have custody of the child when the termination proceeding has begun.

Secondly , an Orange County termination of parental rights attorney can assist you under Probate Code section 1516.5 show the court that a legal guardianship is in place and the parties seeking the termination of parental rights have legal and physical custody of the minor child for at least two years prior to filing for the termination of parental rights.

At the Law office of David Schwarz we will assist you in proving to Orange County Court that it is in the best interest that the parental rights be terminated. In determining what is in the best interest of the child the Orange County court will address the “nature and extent” of the relationship between the child and the parties seeking termination. Some of the issues the Court will look at are the relationship between 1) the child and the birth parent, 2) The child and the guardians and their family members and 3) The child and any siblings or half siblings. Often the child may have a bond with the parents however, an Orange County termination of parental rights lawyers will prove to the Courts that the stability of the relationship of the guardians and the child is more important than a bond with the biological parents.

Often the courts will be assisted by an investigator from the Probate Court who will interview all parties and write a report for the Orange County Judge.

At the Law office of David P Schwarz we have litigated many cases involving the termination of parental rights in Orange County Courts. Please contact us at 949 735 9266 or via the web for a consultation.

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