Legal Question in Family Law in California
Termination of Parental Rights
I am not married & have a 1 yr old son. His father is still married but has been separated for 10 yrs. He has a 9 yr old son whom he has never seen or supported. He became physically abusive when I became pregnant & I ended the relationship. I didn't put his name on the birth certificate on the advice of the hospital social worker (the box for father shows "withheld"). He tried to get to my son in the hospital & hospital security had to call the police & I had to be moved to the oncology floor and be listed as "Jane Smith" to hide my identity. He stalked me at my parents home and was reported to the police. (I have the police report.) My son has my last name. I do not want child support and I do not want him to have access to me or my son. Is there a way to terminate his parental rights. I am frightened that he will kidnap my son or try to harm me or my parents. Would I break the law if I left the country? If something happened to me could my parents get legal custody? I don't want my son to be raised by his father.
1 Answer from Attorneys
Re: Termination of Parental Rights
A domestic violence restraining order should be obtained. While this is not a guarantee of safety, it does give the police the ability to arrest him if he violates the restraining order.
It is unlikely that you will be able to terminate his parental rights. However if he has neither seen nor supported the child for one year then his parental rights may be terminated. If he does not see the child because you have refused visitation then his rights may not be terminated.
He has no rights until such time as he proves that he is the father and obtains a court order that his is the father.
Your best bet may be to avoid contact with him for a while to see if he will get tired and go just forget about the child. He did not show much interest in the child. He has not shown any interest in his child from his marriage.
If he continues to bother you contact an attorney.
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