A petition to terminate parental rights in California is a verified court filing that asks a judge to permanently end the legal relationship between a parent and child. You file it in the superior court of the county where the child lives, under a specific ground listed in the Family Code, and you must prove that ground by clear and convincing evidence at a closed hearing. Courts rarely grant these petitions unless an adoption or other permanent plan for the child is already in place, because California avoids leaving children with no legal parent at all.
Who Can File
The other parent, a legal guardian, a prospective adoptive parent, or a child welfare agency can bring the petition. The most common private filer is a custodial parent pursuing a stepparent adoption when the absent biological parent has dropped out of the child’s life. Prospective adoptive parents file when a biological parent has failed to maintain contact or provide support. County child protective services and the Department of Social Services file in dependency cases where reunification services have not succeeded.
If you are filing privately, expect the court to look for a permanency plan. A petition aimed only at cutting off a parent, with no adoption or guardianship waiting, is unlikely to succeed.
Choosing the Statutory Ground
Family Code section 7820 authorizes a court to declare a child under 18 free from parental custody and control only when specific circumstances exist, and every finding except voluntary consent must be supported by clear and convincing evidence.1Justia. California Family Code Chapter 2 – Circumstances Where Proceeding May Be Brought Your petition must identify which ground you are relying on and plead facts that fit it.
Abandonment
Under Family Code section 7822, abandonment applies when a parent has left the child without any communication or financial support for at least one year. If the child was left with the other parent, the threshold drops to six months.2California Legislative Information. California Family Code Section 7822 The statute also covers situations where the parent left the child without identification or where the parent’s identity is unknown.
Abandonment requires intent, but the statute presumes intent when no communication or support has occurred during the statutory period. The parent can try to rebut that presumption by showing they were prevented from maintaining contact. Incarceration alone is not automatic abandonment, though a parent who makes no attempt to write, call, or arrange support while incarcerated can still be found to have abandoned the child. Token contact does not defeat the presumption.
Neglect or Cruel Treatment
Family Code section 7823 covers children neglected or subjected to cruel treatment by one or both parents, including severe sexual abuse.3California Legislative Information. California Family Code Section 7823 “Severe neglect” means willfully placing a child’s health in danger by failing to provide adequate food, clothing, shelter, or medical care; “general neglect” means the same failures without resulting physical injury.4Child Welfare Information Gateway. Definitions of Child Abuse and Neglect – California A common fact pattern is a child in foster care for an extended period while the parent fails to comply with a reunification plan.
Habitual Substance Abuse or Moral Depravity
Family Code section 7824 reaches parents disabled by habitual use of alcohol or controlled substances, or who are “morally depraved” as the statute puts it. Two things must both be true: the parent must have the qualifying condition, and the child must have been a court dependent with the parent continuously deprived of custody for at least one year immediately before the petition is filed.5California Legislative Information. California Family Code Section 7824 Because it requires an existing dependency case, this ground is primarily used by child welfare agencies rather than private petitioners.
Unfitness Based on a Felony Conviction
Family Code section 7825 applies when a parent has been convicted of a felony and the facts of that felony prove the parent is unfit for future custody. A conviction alone is not enough; the nature of the crime must show the parent cannot safely raise the child.6California Legislative Information. California Family Code Section 7825 Courts have generally limited this ground to particularly serious offenses, often crimes against a family member, and can consider a parent’s earlier criminal record to the extent it shows a pattern relating to the child’s welfare.7FindLaw. Review of Judgment Terminating Parental Rights Under Family Code Section 7825 A separate provision creates a conclusive presumption of unfitness when the child was conceived by rape and the father was convicted of that crime.
Mental Disability
Family Code sections 7826 and 7827 allow termination when a parent has a mental incapacity or disorder that prevents adequate care and is likely to continue. This ground requires testimony from two qualifying experts: board-certified psychiatrists or licensed psychologists with a doctoral degree and at least five years of postgraduate clinical experience.8California Legislative Information. California Family Code Section 7827
Voluntary Relinquishment
A parent can give up rights voluntarily, most often in connection with an adoption. Consent must be free and informed, and the parent signs a relinquishment form (such as AD 586 for alleged fathers) with the California Department of Social Services or a licensed adoption agency. The form makes clear that signing ends all custody rights and all support obligations.9California Department of Social Services. AD 586 – Relinquishment In or Out-of-County This is the usual route in stepparent adoptions.
What the Petition Must Contain
California does not have a single statewide Judicial Council form for a private petition to terminate parental rights. The petition is filed under Family Code section 7841 as a verified document, and many counties provide their own local forms. Contact the clerk’s office in the county where the child lives to confirm what that court requires.
A strong petition includes each of the following:
- Full names, dates of birth, and the child’s current residence. If the absent parent’s address is unknown, say so and describe your efforts to locate them.
- The specific Family Code section you are relying on. For abandonment under section 7822, state the exact period of no contact and no support. For unfitness under section 7825, identify the felony conviction and explain why its facts show the parent cannot safely raise the child.
- Supporting facts in chronological order: last known contact, last support payment, attempts you made to facilitate the parent’s involvement, or the conditions and agency findings that show neglect.
- Any prior court proceedings, including dependency case numbers, reunification services offered, and whether the parent completed them.
- The intended adoption or permanent plan for the child. Courts are far more receptive when a stable home is already in place.
- The child’s wishes if the child is old enough to express a preference, or a description of the child’s attachment to the current caregiver.
Attach documentation: records of missed child support, logs of failed visitation attempts, prior court orders, police reports, medical records, or child welfare agency findings. The petition must be signed under penalty of perjury, so every factual assertion should be something you can prove at the hearing.
Several statewide forms play supporting roles. Notice of Hearing form JV-200 notifies the parent and other interested parties of the court date.10Judicial Branch of California. Notice of Hearing (JV-200) Statement of Child’s Wishes form JV-205 lets the court gather input from a child old enough to express a preference. ICWA-010(A) attaches to the petition and documents the required inquiry into whether the child is or may be an Indian child. Each parent or guardian should complete ICWA-020 before the first hearing.
One boundary worth flagging: if the child is already a dependent of the juvenile court, that case follows the Welfare and Institutions Code, not the Family Code, and the county agency typically handles the filings. Do not assume dependency-track paperwork applies to a private Family Code petition.
ICWA Inquiry Before You File
Before filing, you must ask the child (if old enough), the parents, and any Indian custodian whether the child has any tribal membership or eligibility.11California Courts. ICWA Probate Court Requirements Chart Your answers go on ICWA-010(A), which attaches to the petition. If there is any reason to believe the child may be an Indian child, notice must go to the relevant tribe or tribes and, if the tribe is unknown, to the Bureau of Indian Affairs. Skipping ICWA notice can get the entire termination order overturned on appeal. Even when there is no known tribal connection, the inquiry forms still must be completed and filed.
Filing, Service, and Fees
File in the superior court of the county where the child lives. The base filing fee is $435 as of 2026, though Riverside, San Bernardino, and San Francisco may charge up to $450 because of courthouse construction surcharges.12California Courts. Superior Court of California Statewide Civil Fee Schedule Effective January 1, 2026 If you cannot afford the fee, apply for a waiver using form FW-001.
After filing, the petition and notice of hearing must be personally served on the parent whose rights you are seeking to terminate. You cannot serve the documents yourself. A professional process server or any adult who is not a party to the case must deliver them, and process servers in California typically charge $40 to $100.
When the parent cannot be found despite reasonable efforts, Family Code section 7882 allows service by publication. You first file an affidavit describing what you know about the parent’s location and the steps you took to find them. If the court agrees personal service is not feasible, it orders publication of a citation in a newspaper likely to reach the parent.13California Legislative Information. California Family Code Section 7882 If the parent’s address is known but service keeps failing there, the court will also order a copy mailed.
The Mandatory Investigation
Once your petition is filed, the court does not simply take your word for what it says. Family Code section 7850 requires the court to immediately order an investigation by a juvenile probation officer, court investigator, licensed clinical social worker, or the county’s social services department.14Justia. California Family Code Article 3 – Investigation and Report
The investigator must also speak with the child. The written report has to describe the child’s feelings about the proceeding, the child’s attitude toward each parent, and whether the child wants to attend the hearing. If the child is too young to respond meaningfully, the investigator notes that. The judge is required to read the report and consider it when deciding the case.14Justia. California Family Code Article 3 – Investigation and Report
You pay for this investigation. The law caps your liability at $900, but the court can reduce, defer, or waive that amount if paying would create hardship that would hurt the child’s welfare. Public agencies and nonprofit organizations are exempt from investigation costs.
The Hearing
Termination hearings are closed to the public. Under Family Code section 7884, no one other than the parties and their attorneys is admitted unless the child and any parent present ask otherwise, though the judge can allow people with a direct and legitimate interest in the case.15California Legislative Information. California Family Code Section 7884
As the petitioner, you carry the burden of proof and must establish the statutory grounds by clear and convincing evidence. Both sides can present testimony, submit documents, and call witnesses. Social workers, teachers, therapists, and medical professionals commonly testify. The parent facing termination has the right to contest every allegation.
Under Family Code section 7861, if the judge finds that the child’s interests require separate representation, the court must appoint an attorney for the child regardless of ability to pay.16California Legislative Information. California Family Code Section 7861 Parents who cannot afford a lawyer may also request court-appointed counsel. The judge may rule from the bench at the end of testimony or issue a written decision later.
After the Ruling
If the court grants the petition, its order permanently severs the parent-child relationship. The former parent loses all legal rights, including custody, visitation, and decision-making authority, and all obligations, including child support. Adoption proceedings usually follow quickly.
If the court denies the petition, the parent keeps their rights. The judge may still impose conditions such as supervised visitation or require counseling. In dependency cases, the court might order long-term guardianship as an alternative.
Post-Adoption Contact Agreements
Termination does not always mean the biological parent disappears from the child’s life. California allows voluntary post-adoption contact agreements using form ADOPT-310. These can include future visits, communication, or information-sharing between the child and the biological parent or other birth relatives, including siblings.17California Legislative Information. California Family Code Section 8616.5 The agreement must be signed by all adult parties, and if the child is 12 or older, the child must also consent. It must be filed with the court before the adoption is finalized, and an adoption agency or the county reviews it for voluntariness and the child’s best interests.
Appeals
A parent whose rights have been terminated can appeal by filing a Notice of Appeal within 60 days of the court’s order.18Judicial Branch of California. California Rules of Court, Rule 8.406 – Time to Appeal Missing that deadline forfeits the right to appeal. Termination appeals are heard on an expedited basis because of the child’s need for permanency. The appellate court reviews whether substantial evidence supported the trial court’s findings; it does not hold a new hearing or reweigh the evidence, and the standard is highly deferential to the judge who heard the witnesses.