Legal Question in Family Law in California
Parental Rights...do they ever expire?
As the custodial/birth parent by default (I am writing on behalf of the mother of a darling 6 1/2 year old) rather than law, can the birth father lose parental rights to this child after so many years? The birth father was last involved with this child 5 years ago.
Also, is it legal to reestablish identity (school and medical records) in the maiden name of this child? The birth mother was advised 4 years ago to do this by a paralegal.
2 Answers from Attorneys
Re: Parental Rights...do they ever expire?
Parental rights do not expire just with the passage of time but the longer it is, the harder it is to get custody or significant visitation. The paralegal sounds like an idiot. Changing the child�s name provides no additional protection but the mother is not breaking the law by doing it.
Re: Parental Rights...do they ever expire?
Parental rights are not terminated by the passage of time. Parental rights can be terminated only by court order.
If a parent has no contact and does not provide support for the child for a period of one year the parental rights can be terminated by the court. However, as a matter of policy most courts will not terminate the father's parental rights, unless the child is to be adopted. The court does not want the child to be left for the state to support.
Mother can change the child's name at school and for other purposes to her maiden name or the sur name she is currently using. This does not result in a change of the child's name on the birth certificate or other official documents. Changing the name on the birth certificate other official documents requires a court order.
You should contact an attorney regarding this issue.
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