[mskarol]

Hello,
I live in California and I have a wonderful 9 year old son. His father lives in Missouri, he has never seen him or anything else. What I would like to know is: How or If I can terminate any legal rights he has to my son? I have not taken or asked for any support from him. What are my options on this matter?
Thank you

[Fr_Chuck]

Why are you not asking for the legal support for your child, it is like cheating the child out of his own money, that could be saved for college, or for investments for the chlld.

But to answer your question, you can file in court to terminate his rights,
Normally the court will not allow his obligation to pay support be taken away unless there is a new partner to adopt, since the states normally will hold the non custody parent liable if the child ever in the future needs state benefits.

[s_cianci]

You cannot take away his rights unless someone else adopts your son, with his consent. He may choose not to exercise his rights but that's not the same as having them "taken away." If he were to choose to exercise his rights he'd be granted visitation, at the expense of whichever parent did the relocating, unless you could convince the court that that wouldn't be in your son's best interests (which would be pretty hard to do.)

[tawnynkids]

In the state of California these are the grounds for termination of parental rights and the statutes:

Statute: Welf. & Inst. Code §§ 361.5(b), (h), (I); 366.26(c)(1)
Circumstances That Are Grounds for Termination:
Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Mental Illness or Deficiency
Alcohol or Drug Induced Incapacity
Felony Conviction/Incarceration
Failure of Reasonable Efforts
Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse
Failure to Maintain Contact
Failure to Provide Support
Child Judged in Need of Services/Dependent
Child's Best Interest
Felony assault of child or sibling
Murder/Manslaughter of sibling child
Other grounds:
• Child suffering from extreme emotional damage
• Location of parent(s) unknown
• Voluntary relinquishment
• Parent has abducted the child
• Conception result of sexual abuse

Circumstances That Are Not Grounds for Termination:
Failure to Establish Paternity
Child in care 15 of 22 months (or less)

Cal. Welf. And Inst. Code § 366.26(c)(1) (West, WESTLAW through 2002 Reg. Sess. 3rd Ex. Sess. and Mar. 2, 2002)
If the court determines, based on the assessment provided as ordered by law, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a pre-adoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted.
A finding that reunification services shall not be offered, that the whereabouts of a parent have been unknown for 6 months, or that the parent has failed to visit or contact the child for 6 months, or that the parent has been convicted of a felony indicating parental unfitness, or that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights unless the court finds a compelling reason for determining that termination would be detrimental to the child.

In California, the custodial parent can move to terminate the parental rights of a non-custodial parent if there has been at least one full year without either financial support or significant contact. Token contacts such as sending a birthday card do not count. However, courts take the act of terminating a parent's rights very seriously and will rarely do so unless a step-parent adoption is also pending. A consultation with an experienced attorney will enable you to determine whether the facts in your case constitute abandonment, and if so, whether the termination proceeding is likely to be successful.
Hope this helps!