How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brent Blanchard Your Own Question

Brent Blanchard
Brent Blanchard, Family Law Attorney
Category: Family Law
Satisfied Customers: 1905
Experience:  Eleven years of experience in family law, from pre-nups, divorces, child custody and support mod
Type Your Family Law Question Here...
Brent Blanchard is online now
A new question is answered every 9 seconds

i have two boys. one is four and the other 3 both from different

Customer Question

i have two boys. one is four and the other 3 both from different dads. my question is what kind of forms and what steps are required for them to sign over ALL parental rights over my son? they have both agreed it is int he childs best interest and they do not want to pay any child support.
Submitted: 3 years ago.
Category: Family Law
Expert:  Brent Blanchard replied 3 years ago.
Thank you for your question.

California's family law practice is very "forms driven", with almost everything done with relatively simple forms that one fills in the blanks. Attorneys make the forms pretty by getting word processor typing put in the blanks, AND they know what is really required with all those legal terms used in the process. (Note--sometimes an ordinary sounding term really is a legal "term of art" that has a very special meaning. Thus we have law schools.).

As you suspect, everyone agreeing to a termination of parental rights action does make the entire process much quicker. The petition gets filed, along with all proof of service or waiver of service AND a "stipulated" proposed court order. The longest thing is often waiting for the time period to pass between filing and the deadline for anyone to object to the termination.

You can read about the process here: http://www.saclaw.lib.ca.us/pages/termination-parental-rights.aspx

That's reliable, from the Sacramento County Law Library.

The books/practice guides listed under the headline "PRINT AND ELECTRONIC RESEARCH MATERIALS are the best places to get a comprehensive discussion of the how-to of the process. They are what new attorneys use to figure out the court system.

The forms themselves are available either at your local court's website (It's a good idea to check there for any special "local rules" or local forms, too!) or at http://www.courtinfo.ca.gov/forms/

Thank you.

BAB.
Customer: replied 3 years ago.
so the paperwork needed for them to sign and waive ALL parental rights would have to be prepared by a lawyer? and about how long does this process take?
Expert:  Brent Blanchard replied 3 years ago.
The paperwork is successfully done by do-it-yourself people all the time. Some have more trouble with it than others.

My point on the forms is that the ones you can get are the same ones the attorneys use. With the practice manuals, they are available to you at many law libraries, and are the same ones that attorneys use. And depending on what county and what part of the county sometimes where you live, there might be "local rules" that have to be looked at. When someone is pretty much done with a petition, then is the time to call the court clerk with questions about local rules, if the rules posted on that county's court website are either not available or don't seem to make sense. The clerk can say whether any special rules apply to TPR actions, and tell you where to find them.

On an agreed or "stipulated" action, it should be doable in about 6-8 weeks from the time of filing the petition. I am not sure whether doing a joint petition (often done in divorce) would be allowable, but that would be one way to do it and NOT have to pay a process server to "tag" the other parent with the summons and petition. But with two fathers, the safest way would be to file two petitions, one for each child, and then ask the court to consolidate the two cases because the two boys are brothers and multiple court appearances would be a hardship on their mother.

Thank you.

BAB.
Customer: replied 3 years ago.
One last question sorry.. I was reading a passage on one of the websites you listed as a reference and it said sumthing lik even if it is a mutual agreement then the court wouldn't grant it. Is that possible? And after their dads sign is their some kind of way even after the deadline if they wanted to "undo" the agreement would that be possible? And, if they wanted for some reason to see the child after the "process" they wouldn't have any rights correct? As well as they would not have any obligations financially towards the child correct? I am certain that they want "out" because of the conversations we have had.. So I would be filling for termination rights for them correct?
Expert:  Brent Blanchard replied 3 years ago.
I am fairly sure that "not being granted" means not without a hearing. Much of this depends on which county court you're in, and even sometimes which judge. They have preferences.

There is always a way to try to "undo" something done in court, but it takes more than just changing your mind. With children involved, there must be both a "material change in circumstances", AND the proposed change would have to shown to be "in the best interests of the child". Being a fickle parent with a changeable mind is not enough, and if a parent shows up at a hearing and gives face-to-face consent to terminate parental rights, it is very, very hard to reverse that on the grounds of something like "unfair". . . without something truly compelling like video of some dear family member being held at gunpoint under threat of death while the hearing was going on....

TPR is almost always total--no visitation rights. After all, that adult is now considered NOT a parent, regardless of biological reality. Parentage is more about the relationship between people than the biology, in the eyes of the law.

And yes, TPR = no more child support. Because of that financial "incentive", some judges and the law in general are cautious about these decisions.

Typically, the custodial parent files for TPR of the other parent, based on some unsuitability of the parent, long-term imprisonment, lack of visitation for years, or even huge personality conflict sometimes. But it must be shown to be in the best interests of the child, regardless of what the other parent thinks about it. TPR happens with the other parent's cooperation, and also over that parent's objections.

Just beware, and perhaps get the two fathers "committed" to the idea by getting provable evidence of what they have said on the subject. Sometimes people lie up a storm once they see their "maybe it would be better for Tommy if I. . ." statements put in print and sent to a judge.

Thank you.

BAB.
Customer: replied 3 years ago.
Great! Now.. :) so best thing to do is also have them sign sumthin like an affi davis (don't know if that's spelled correctly) and just state they agree it is in the best interest of the child to grant the tpr? Also is their anything else I should hav them sign or write up to protect myself an grant the tpr? Just in case they "get cold feet" and decide not to go forth with it?
Expert:  Brent Blanchard replied 3 years ago.
Yes, the way to get "admissible evidence" of a parent's agreement to a termination of parental rights is through a signed and notarized affidavit. There are things that need to be said in the affidavit that will make a difference, so it is a good idea to consult with a local attorney or hire an experienced family law paralegal to help write it.

Thank you.

Please do not forget to click the green "Accept" button so I can receive credit for my work.

BAB.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney