The termination of parental rights (TPR) in California is a serious legal action that permanently ends the legal parent-child relationship. It is most often pursued in the context of adoption proceedings, child welfare cases, or when a parent is deemed unfit due to abandonment, neglect, or abuse.

Parental rights may be terminated involuntarily (without a parent’s consent) or voluntarily (by a parent’s relinquishment), but only under strict legal guidelines that protect the child’s best interests and the parent’s constitutional rights.

Key California Code Sections

  • Family Code § 7800–7895: Governs the procedure and grounds for terminating parental rights.
  • Family Code § 8604: Addresses when a parent may voluntarily relinquish rights in the context of an adoption.
  • Family Code § 7822: Allows TPR due to abandonment.
  • Family Code § 7823: Permits TPR based on cruelty or neglect.
  • Family Code § 7824: Permits termination due to substance abuse or moral depravity.
  • Family Code § 7825: Involves felony convictions that demonstrate parental unfitness.
  • Family Code § 7826: Allows termination where the parent has a mental disability preventing proper care.
  • Welfare & Institutions Code § 366.26: Applies in dependency court, where reunification has failed.

Most Common Grounds for Termination

1. Abandonment (Family Code § 7822)

A parent who has not communicated with or supported their child for:

  • Six months (if the child is under three years old), or
  • One year (if the child is older),
    may be found to have abandoned the child. This is often used in stepparent adoption cases where the biological parent has had no contact.

2. Chronic Neglect or Abuse (Family Code § 7823)

If a parent has subjected a child to ongoing neglect or cruelty, or failed to protect them from abuse, their rights may be terminated.

3. Substance Abuse or Moral Unfitness (Family Code § 7824)

A parent who has a habitual addiction to drugs or alcohol, or engages in criminal or morally depraved behavior, may be considered unfit to parent.

4. Felony Conviction Involving Children (Family Code § 7825)

If a parent is convicted of a felony that demonstrates a lack of fitness to care for a child—particularly involving harm to a child—their parental rights may be terminated.

5. Mental Illness or Developmental Disability (Family Code § 7826)

Parental rights may be terminated if a court-appointed expert finds the parent suffers from a mental condition that renders them unable to care for the child long-term.

Can a Parent Voluntarily Terminate Their Own Parental Rights?

Generally, no — a parent cannot unilaterally relinquish their parental rights simply to avoid parental responsibilities (like child support), unless there is a pending adoption (e.g., stepparent adoption) or dependency case justifying the termination.

Under Family Code § 8604, voluntary relinquishment must be:

  • In writing,
  • Done knowingly and willingly,
  • Approved by the court,
  • In the context of an adoption.

Public Policy Considerations

California strongly upholds the best interests of the child, which typically include:

  • Maintaining parental support obligations,
  • Preserving familial bonds whenever possible,
  • Ensuring children have stable, responsible caregivers.

Thus, courts are reluctant to allow TPR without a compelling reason, such as abandonment or pending adoption by a stable caregiver.

How Scott Mitchell Law Can Help

At Scott Mitchell Law, based in Modesto, CA, we provide compassionate and strategic legal representation in complex family law matters—including termination of parental rights and stepparent adoptions.

We help clients by:

  • Evaluating Your Case: We determine whether TPR is legally viable based on your circumstances.
  • Navigating Court Procedure: We prepare and file petitions under the correct Family Code sections, ensuring full compliance with California law.
  • Representing in Contested Hearings: Whether you are seeking to terminate rights or defending against termination, we advocate for your parental and constitutional rights.
  • Handling Stepparent Adoptions: We guide blended families through the legal process of adoption, including terminating non-participating biological parent rights when applicable.

Contact Scott Mitchell Law

Termination of parental rights is not easily granted in California and requires strict adherence to legal standards rooted in the child’s best interests. Whether pursuing termination or opposing it, you need skilled legal counsel. Scott Mitchell Law is ready to help you protect your family and your future.