Services

If your child has been removed from either your home or another parent/guardian’s home, as the father, you have rights, whether you are seeking custody or visitation, the dependency court judge will be making those decisions. It is extremely important that you get involved as soon as possible. Call the social worker, attend the court hearings. Your paternity status must be sought at the very first couple of hearings, unless and until paternity is established (Welfare and Institutions Code §316.2). Depending on your “status” (Alleged, Presumed or Biological) you may have an attorney appointed to represent you if you cannot afford an attorney or you can hire a private attorney. You may also be entitled to have your child placed with you and/or reunification services offered to you to regain custody. For general information on “status,” see: California Judicial Council website https://selfhelp.courts.ca.gov/juvenile-dependency

If you are the father of a child(ren) and you are no longer living with your child, you may have the opportunity to seek custody or visitation whether or not you were married to the mother of the child(ren). You may need to file an action to determine parentage first and then file for custody or visitation. It is important that you seek information or legal advice on your custody or visitation rights as soon as possible.
For general information see: https://selfhelp.courts.ca.gov/parentage

If your grandchild or your relative has been removed from a parent(s) custody and may be at risk of placement or is placed into foster care, you should receive notice that this is occurring and provided an opportunity to attend the upcoming hearings, and you may be entitled to placement of your grandchild or relative. The Child Welfare agency in the county in which your relative has been removed is required to use “Due Diligence” to identify, locate and notice all relatives of a child removed from the custody of their parent(s). This notice must also be sent to the parent of the child’s sibling if that parent has custody of that sibling. The notice you receive will describe the ways you can participate as a possible placement (relatives have priority in placement) or as a support for the child, youth, and family. For more information on Relative notification and Due Diligent requirements see the attached articles from the National Institute of Permanent Family Connectedness (click here) and National CASA and CA Judicial Council (click here).

Any relative with information or relationship with the child may also be able to file
a Relative Information Form with the Court. See form JV-285 (click here).

Whether your grandchild(ren) is being placed into foster care or not, you may be able to file for Grandparent visitation if you are being denied visits by a parent(s). This requires that you meet certain criteria and requirements, however, this procedure may be available to you.

There are different types of adoptions.

• Independent (also known as Private) – this can be a direct placement from a birth parent(s) to the adoptive parent, provided certain procedural steps are followed. You will need to file a Request for Adoption and other documentation (consent(s); termination of parental rights or waiver forms) with the court. A home study will be conducted, and you will be required to adhere to background checks, fingerprinting, medical check, and other requirements during the home study process.
• Stepparent – where a spouse or domestic partner of one parent is adopting the child of the other spouse or domestic partner. You will be required to file your Request with the Court and provide additional documentation (consent of other parent, or other documentation if surrogacy or to determine parentage). Typically, there is no home study but a short investigation (court investigator or other qualified individual).
• Third parent adoptions are also possible, and all parent(s) can retain their parental rights if agreed.
• Adult Adoption – Someone over the age of 18 can be adopted, provided it is in theirs and the public’s best interest. No consent is necessary from birth parents but an agreement must be signed between the adoptive parent and the adoptee. A Petition for Approval of the Agreement must then be filed with the Court. There is typically no home study or investigation, however, additional consents (spouses) may be required. See: https://selfhelp.courts.ca.gov/adult-adoption-california

If you are seeking to move forward in an adoption proceeding or other child custody matter and have met all notice requirements, you may be able to request that the court terminate parental rights, or you may be required to file an application to free a child from parental custody and control.

• Depending on the “status” of the parent(s), termination of parental rights may be an option if the parent is considered an “alleged” parent. This means that there are no prior parentage orders (either in California or other state), the parents were never married as well as other legal criteria. A separate petition must be filed and after notice (either actual or attempted), you can ask the court to enter an order terminating parental rights.
• If the parent(s) is a “presumed” or “biological parent” (depending upon how that status was determined), provided the facts of the situation fall under certain legal requirements, you may be able to file a petition to free the child from parental custody and control. You would be required to set this for a separate hearing, serve the presumed parent and provide them with an opportunity to participate or object to the proceedings. At the hearing, you must provide the court with evidence to meet certain legal standards and thereafter ask the court to enter its order.