Legal Question in Family Law in California

If the biological father wants custody, and it sounds like that's what you want, then that can happen. However, it is not likely that your parental rights will be terminated.

BARRY BESSER

www.besserlaw.com

It is the policy of the state that, absent tragic or extreme circumstances, every child should have two parents and a relationship with both. The state cannot force you to have a relationship with your child, but it can force you to be responsible for your child. Therefore, you can surrender custody by agreement, but unless a parent dies or proves to be such a risk to the child that the child must be taken away from them permanently, or unless a step-parent is willing to adopt the child, there is no way for a parent to surrender their parental rights and responsibilities to the other parent. The parents can agree to it, and abide by such an agreement, but it cannot legally be enforced. In addition, if the parent who takes the child ever goes on public assistance, the state has a right to enforce child support obligations for reimbursement, even if the custodial parent never has and does not want to ask for child support. Really the only sure-fire way to surrender your legal rights and obligations is if you ex marries and his wife adopts the child.