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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
There can be serious consequences, based on what happened to cause the original loss of rights and what your long term goals are. It is, however, not all that uncommon for parents who have lost custody to eventually develop a relationship with their natural born child. So let’s start with the usual result of losing “parental” rights.
On the other hand, you also have Constitutional rights of free association. With important limitations of what you do, and where you are while you do it, you and your friends (the child’s legal parents) have freedoms to associate with each other. So while you may have lost important parental rights to say what your biological daughter should eat for lunch, or where she should attend school, and dozens of other daily questions, you may still have a right to be her friend or even caretaker. Any limitations may come from how you lost your parental rights, and what the court had to say about where your daughter is supposed to be cared for or supervised.
The United States Supreme Court once described the loss of parental rights as the moral equal of the “death penalty” for parenting. This may be something the Supreme Court overstated, since there have also been cases where terminated parental rights have actually been re-instated after many years. The reason I mention this is because you may also have an idea of whether you can do anything about reversing the earlier termination. If this is a goal, then the risks you run may be both criminal and also tactical…that defying a court order makes it even more unlikely you could ever reverse a termination decree.
Here is a California case where a child taken away by DSS, resulted in unfairly and illegally ending a father’s parental rights: http://law.justia.com/ cases/california/caapp4th/21/1010.html.
The Risks You May Be Running
Two of the most common ways a parent loses custody are through abuse or abandonment. So, as we began to look at earlier, this is where the court order comes in again. Violation of a child custody order (prohibiting your contact) may result in a heavy fine or even jail, for contempt of its specifics. It’s even possible you never read the termination order…or that it’s been a while since you have. Take the next opportunity to get the order and read it carefully. I certainly suggest you also try to get a lawyer to read it again. If you are worried about the legal costs, you can try to get low (or no) cost help here: http://www.laaconline.org/.
Many lawyers will also give you some free consultation, and will look at the order to preliminarily advise you of wise steps. You can get a referral through the California Bar here: http://www. calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx.
If You Relinquished Rights…
The third most common way parental rights end, is when someone feels completely unable to be involved in the child’s life. They just ask to give up rights. This has often happened when someone is young or going through incredibly trying times. Voluntary relinquishment, in all likelihood, will give you more latitude in being a caregiver, since the court has not in all likelihood restricted your contact with her. The key in almost any case will be the custodial parents’ (and the grandparents’) attitude toward you. I suggest you write down an agreement for child care to show this understanding.
Be sure to avoid getting caught between warring parents. In some ways, I’d advise you to act as though you are in a custody fight…don’t involve the child in the legal process or your worries. But definitely document what you do in childcare, and avoid any situations that may be misconstrued to harm you.
Protecting & Developing Your Interests
Few areas of the law spend as much court time and resources on individuals as do California family courts. If you have an interest in protecting whatever relationship you have (and want to have) with the child, then consider following the common steps involved in court-approved classes for parenting. http://www.scscourt.org/ court_divisions/family/fcs/fcs_home.shtml. I’m not here saying you intend to become a parent again in the legal sense we’re talking about here. But by getting acquainted with these court parenting programs, you may accomplish several things: you may be addressing whatever reason you originally lost your parental rights; you could be protecting yourself from charges of presenting a risk to the child; you could acquire valuable skills that the child lacks in her current parental models.
It has also happened in some other cases that, as years have gone by, your biological daughter may need you in her life without the title of legal parent…which may be a less important name than friend and mentor.
There can be serious consequences, based on what happened to cause the original loss of rights and what your long term goals are. It is, however, not all that uncommon for parents who have lost custody to eventually develop a relationship with their natural born child. So let’s start with the usual result of losing “parental” rights.
On the other hand, you also have Constitutional rights of free association. With important limitations of what you do, and where you are while you do it, you and your friends (the child’s legal parents) have freedoms to associate with each other. So while you may have lost important parental rights to say what your biological daughter should eat for lunch, or where she should attend school, and dozens of other daily questions, you may still have a right to be her friend or even caretaker. Any limitations may come from how you lost your parental rights, and what the court had to say about where your daughter is supposed to be cared for or supervised.
The United States Supreme Court once described the loss of parental rights as the moral equal of the “death penalty” for parenting. This may be something the Supreme Court overstated, since there have also been cases where terminated parental rights have actually been re-instated after many years. The reason I mention this is because you may also have an idea of whether you can do anything about reversing the earlier termination. If this is a goal, then the risks you run may be both criminal and also tactical…that defying a court order makes it even more unlikely you could ever reverse a termination decree.
Here is a California case where a child taken away by DSS, resulted in unfairly and illegally ending a father’s parental rights: http://law.justia.com/ cases/california/caapp4th/21/1010.html.
The Risks You May Be Running
Two of the most common ways a parent loses custody are through abuse or abandonment. So, as we began to look at earlier, this is where the court order comes in again. Violation of a child custody order (prohibiting your contact) may result in a heavy fine or even jail, for contempt of its specifics. It’s even possible you never read the termination order…or that it’s been a while since you have. Take the next opportunity to get the order and read it carefully. I certainly suggest you also try to get a lawyer to read it again. If you are worried about the legal costs, you can try to get low (or no) cost help here: http://www.laaconline.org/.
Many lawyers will also give you some free consultation, and will look at the order to preliminarily advise you of wise steps. You can get a referral through the California Bar here: http://www. calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx.
If You Relinquished Rights…
The third most common way parental rights end, is when someone feels completely unable to be involved in the child’s life. They just ask to give up rights. This has often happened when someone is young or going through incredibly trying times. Voluntary relinquishment, in all likelihood, will give you more latitude in being a caregiver, since the court has not in all likelihood restricted your contact with her. The key in almost any case will be the custodial parents’ (and the grandparents’) attitude toward you. I suggest you write down an agreement for child care to show this understanding.
Be sure to avoid getting caught between warring parents. In some ways, I’d advise you to act as though you are in a custody fight…don’t involve the child in the legal process or your worries. But definitely document what you do in childcare, and avoid any situations that may be misconstrued to harm you.
Protecting & Developing Your Interests
Few areas of the law spend as much court time and resources on individuals as do California family courts. If you have an interest in protecting whatever relationship you have (and want to have) with the child, then consider following the common steps involved in court-approved classes for parenting. http://www.scscourt.org/ court_divisions/family/fcs/fcs_home.shtml. I’m not here saying you intend to become a parent again in the legal sense we’re talking about here. But by getting acquainted with these court parenting programs, you may accomplish several things: you may be addressing whatever reason you originally lost your parental rights; you could be protecting yourself from charges of presenting a risk to the child; you could acquire valuable skills that the child lacks in her current parental models.
It has also happened in some other cases that, as years have gone by, your biological daughter may need you in her life without the title of legal parent…which may be a less important name than friend and mentor.