In a recent case, the court of appeal held that a trial court properly terminated a father’s parental rights so that his children could be adopted by their stepfather, when sufficient evidence established, under Family Code Section 7822, that the father had left his children for one year with the intent to abandon them during that time.
Husband and Wife were married in 1991 and had three children. In March 2000, Jill sought a legal separation in Yolo County alleging that she and the children left the family home to escape Father’s instability and violence. In July when Husband failed to appear at a family court hearing, the family court awarded legal and physical child custody to Wife, ordered Husband to pay child support, suspended Husband’s child visitation, and issued a permanent restraining order protecting Wife and her parents from Husband.
In August 2000, Wife decided to seek dissolution of marriage and allowed Husband supervised visitation of the children despite earlier orders by the court.
Husband’s last visit and contact with the children occurred in February 2001 and in August 2001, Husband moved to Florida. In October 2004 and January 2006, the court denied Husband’s requests for modification of child support and visitation.
In May 2006, Wife sought termination of Husband’s parental rights and adoption of the children by their new stepfather. This request was granted by the court in November 2006 and reversed by an appellate court in October 2007.
In February 2008, Wife again sought termination of Husband’s parental rights alleging that Husband abandoned the children within the meaning of Family Code Section 7822 because he had not visited them since March 2001 and had “economically and emotionally abandoned [them].” Both sides were heard in November 2008 and March 2009 and the family court concluded that Husband’s evidence were not credible. Husband claimed that he did not pay $336,648.02 in child support arrearages because he was broke but his tax returns indicated income of over $77,000 and he was the owner of a successful welding equipment business.
The court also found that Husband had abandoned the children within the meaning of Family Code Section 7822 because he left the children in Wife’s care in early 2001for more than one year without any provision for support or communication. The intent to abandon was shown in his failure to support and communicate with the children. The court found that parental rights termination was in the best interest of the children, noting that “pounding your chest and saying you want to see your children is not the same as taking steps to do it.”
At the law offices of Thomas Chase Stutzman, A Professional Corporation, we can help you with your child custody, child visitation, and child support issues in San Jose, Santa Clara County, and local cities in the Bay Area. We understand the importance of parental relationships and can assist you in preserving your parental rights to your children. Please call our office for a free initial consultation if you are facing these issues.