ABANDONMENT OVERVIEW
Abandonment
A child, under the age of 18 years can be freed from the custody and control of one or both parents through family law proceedings, which is determined under the CA Family Code §§7820-7829.
There are several ways in which an abandonment proceeding could be brought but the most common factors include whether:
- The child has been left without provision for identification;
- The child has been left by both parents or the sole parent in the care and custody of another for a period of six months without provisions or communication with intent to abandon the child;
- Or a parent has left the child in the care and custody of the other parent for a period of one year without provisions or communication with intent to abandon the child;
- The failure to provide identification, support, or communicate is presumptive evidence of intent to abandon;
- Despite any token efforts, the court may still declare the child abandoned by the parent(s). (FC 7822(a)(b).)
Generally, other factors which may be considered include: child abuse, child neglect, physical or mental incapacity, substance abuse or dependence, conception through sexual assault, criminal acts showing unfitness to have care and custody of a child, developmental disability, mental illness, or mentally disability.
The parent(s) who are facing termination of parental right will be appointed an attorney to represent them in court.
Please give us the opportunity to learn more of the facts of your case so we can help build your case.