Stepparent Adoption And Termination Of Parental Rights

Stepparent Adoption and termination of Parental Rights

What is termination of Parental rights in a divorce?  When attempting to get an absent parent to pay child support seems like more trouble than it is worth, there is another option when a parent has remarried.  That is stepparent adoption, which confers upon the stepparent all the rights and obligations of parenthood.  An action to terminate the rights of the deadbeat parent must be commenced simultaneously, but this is not appropriate in all circumstances. Hire San Diego Family Law Attorney Free Consolation for  handling cases and providing quality services related to divorce or child custody.

Parents have a legal obligation to support their children; it simply is not optional.  But while you can lead a horse to water, you can’t always get it to pay child support.  Also, it is in the child’s best interest to have both parents involved in his or her life to a substantial degree, not just providing financial support.

San Diego Family Law Attorney Free Consolation

San Diego Family Law Attorney Free Consolation

A deadbeat parent can have his or her parental rights stripped if he or she has abandoned the child, either by leaving the child without provision for the child’s identification (the old leaving a child on someone’s doorstep), leaving the child with someone other than the other parent for six months without provision for the child’s support or any communication with the child, or leaving the child with the other parent for a year without paying support or communicating with the child.

And if the deadbeat thinks he or she can just check-in with the child every eleven months to avoid losing parental rights, they’d be wrong.  The law provides, “If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned.”

Tasked with considering the child’s best interests, the court will be more likely to terminate a parent’s rights where there is a loving, supporting stepparent who has married the biological parent and is willing to fill the role of the absent parent.

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“The reality is that childhood is brief; it does not wait while a parent rehabilitates himself or herself.  The nurturing required must be given by someone, at the time the child needs it, not when the other parent is ready to give it.”

If you find yourself in a situation with an absent parent, or you know someone else in that situation, call attorney Michael C. MacNeil who will represent the best interests of your child and your family.

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About Michael MacNeil

Michael C. MacNeil is a San Diego Family Law and Criminal Defense attorney. With a Juris Doctor degree from the University of San Diego School of Law, MacNeil has a solid understanding of our justice system. As a member of the State Bar of California, MacNeal can practice before all courts in the state. MacNeil believes that the law should be accessible to everyone, regardless of their financial status. With over 20 years of experience, Michael C. MacNeil is passionate about the law and will work tirelessly to get the best possible outcome for you. Call Mr. MacNeil at 858-922-7098.