Termination of Parental Rights Through Abandonment of The Children Under Family Code Section 7822
At the Law office of David P Schwarz we have filed many actions in Orange County family Court for the termination of parental rights under family code section 7822. Please contact us for a consultation at 949 735 9266 or via the web. We can also be reached via email at firstname.lastname@example.org.
A child falls under this provision of the family code when they are left unattended or identified by one or both parents.
A termination of parental rights attorney will show the court in order to show that termination is warranted under 7822 that for six months the child was left with someone other than the parents and without any financial support. In addition, the lawyer will reveal that the parents have not communicated with the caretakers nor did they ever intend to come back for the child.
A termination of parental rights lawyer will can also reveal to the family law court that one parent has been the only caregiver of the child for over a year . Moreover, the parent who has cared for the child has not received any monetary support for the child. They have also not been contacted by the other parent for over a year. The other parent must have shown to the court that the parent who abandoned the child did it with the intent to do so.
There are mainly three criteria a party must show in order to show abandonment and thus termination of the parental rights to the court. At the Law office of David P Schwarz we have shown to the Orange County family law courts on numerous occasions that there was a failure to provide identification, a failure to provide support, and or a failure to communicate by the biological parents.
If the above three reasons are demonstrated to the court then it is deemed presumptive evidence of the intent to abandon. A termination of parental rights attorney can prove to the Court that even If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents.
In the case of guardianships the court can view the abandonment the same as if there were not guardians in place. Thus if the parents fail to communicate or support the child or children then the courts can follow section 7822 law and terminate the parents rights.
A petition cannot be filed to terminate parental rights until 120 days has passed. Only after the child has been left without money, food, lacks identity and it is unknown where the parents are. The petition may not be heard until after the 180th day following the discovery of the child.
At the Law Office of David P. Schwarz we have litigated many Orange County termination of parental rights cases under family code section 7822 abandonment of the child. Please contact our office for a consultation at 949 735 9266 or via the web. We can also be reached via the web at email@example.com.