Termination of Parental Rights Under Family Code Section 7827, a Mentally Disabled Parent

At the Law Office of David P Schwarz we have litigated numerous Orange County cases where the parent was the target of the state of California and its intent to terminate the rights of a disabled parent. Please contact our office for a consultation at 949 735 9266 or by the web. We can also be reached by email at dpslaw66@gmail.com.

A Juvenile dependency lawyer will protect your constitutional rights to avoid any action of the state of California to terminiate your parent rights. Often the State seeks to go after the “Mentally disabled” person. They would be considered a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.

A good lawyer will know that it is important to make sure that their client is protected from the overreaching of the State of California. A good lawyer will make the County prove that A proceeding under this part may be brought where the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future.

A Juvenile dependency lawyer will make sure that that Superior Court of California follows State protocol under the code by having two doctors available to evaluate the condition of the parents. The evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Welfare and Institutions Code, or a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section.

At the Law office of David P Schwarz we will also argue to the Juvenile court that in addition to the certified medical doctor requirement, the court shall have the discretion to call a licensed marriage and family therapist, or a licensed clinical social worker, either of whom shall have at least five years of relevant post-licensure experience, in circumstances where the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved.

However, an Orange County lawyer will request from the court that they not call a licensed marriage and family therapist or licensed clinical social worker pursuant to this section who is the adoption service provider of the child who is the subject of the petition to terminate parental rights.

If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall follow the same criteria as stated above. Either a medical doctor with experience in the field of termination or a licensed psychologist with 5 years experience in the field of emotional and mental disorders.

At the Orange County Law Office of David P Schwarz we are very familiar with the area of termination of parental rights with disabled parents. Please call our office at 949 735 9266 or contact us via the web. We can also be reached by email at dpslaw66@gmail.com.

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