San Diego Parental Rights Lawyers

Few legal matters are as emotionally charged and life-altering as a challenge to your parental rights. The thought of losing or having limited access to your child is a parent's deepest fear, carrying immense psychological weight and creating significant anxiety about the future of your family. It is a situation that can impact every aspect of your life, making it essential to understand the circumstances under which parental rights may be threatened.

At Andrew J. Botros, APC, our legal team possesses the knowledge and skills to handle the most complex parental rights cases. We are committed to providing the highest level of legal representation. 

Contact us online or call (858) 422-1377 for a confidential case evaluation with a San Diego parental rights attorney at Andrew J. Botros, APC. We offer phone, office, and convenient virtual consultations. 

How We Can Assist Parents in San Diego Family Law Issues

Facing a threat to parental rights requires a strategic and proactive legal approach. 

Our firm can assist you by:

• Providing strategic legal counsel. We can analyze the specifics of your case, whether it involves a contested custody battle or a Child Protective Services (CPS) investigation, to develop a clear and effective legal strategy. Our family law attorneys can help you understand your rights and obligations and the potential outcomes of your case.
• Negotiating favorable resolutions. Wherever possible, we seek to resolve disputes through negotiation or mediation to avoid the stress and expense of court. We are skilled at reaching agreements that protect your relationship with your child and align with their best interest.
• Providing assertive courtroom representation. When litigation is necessary, our attorneys are prepared to advocate fiercely on your behalf in court. We work diligently to build a compelling case, presenting all relevant evidence to protect your parental rights.
• Guiding you through complex proceedings. We have extensive experience with all aspects of California family law and juvenile dependency court. We can guide you through every step of the process, so you understand what to expect and are fully prepared.

Common Situations We Handle 

Several situations can lead to a threat to a parent's rights. 

Some of the most common include:

Child Protective Services (CPS) cases. When an allegation of abuse, neglect, or endangerment is made, CPS initiates an investigation. It can file a dependency petition with the juvenile court if it finds evidence to substantiate these claims. This can lead to a court-ordered plan for the parents, and if they fail to comply, the court can terminate their parental rights, allowing the child to be placed for adoption.

Child custody cases: Parents may disagree on a parenting plan during a divorce or parentage action. In these disputes, one parent might seek to limit the other's legal or physical custody due to allegations of: 

• A history of domestic violence or abuse.
• Substance abuse or alcohol addiction.
• A parent's criminal history or imprisonment.
• A parent's prolonged absence or lack of involvement in the child's life.

Same-sex partner relationships. Parental rights for same-sex partners can be threatened, particularly when parentage was established through a Voluntary Declaration of Parentage, adoption, or assisted reproduction. If the relationship with the biological parent ends, the non-biological parent may have to fight to protect their legal rights to the child, especially if the biological parent claims they were never a legal parent.

Understanding these situations is the first step in taking proactive measures to protect your relationship with your child.

Equal Rights Under California Law

In California, a fundamental principle of family law is that both parents have equal rights to their child. The law does not give a biological mother a superior right over a biological father, nor does it favor one parent over another in a custody dispute. 

The court's primary and overriding concern is always the child's best interest. While one parent may be awarded primary physical custody, this does not eliminate the other parent's legal right to be active in their child's life.

Why Choose Andrew J. Botros, APC?   

Choosing legal representation is the most critical decision you can make when your parental rights are at risk.