Termination of Parental Rights

Generally speaking, it is important that children have both parents active and interested in their lives. Studies have shown that children who have two involved parents do much better in school and grow up to be more well-rounded adults. However, these studies are only accurate if both parents are of sound mind and keep the children's best interests in mind while raising them properly. In some cases, hiring a family law attorney to terminate the rights of one of the parents may be the best route for the sake of the children.

How to Terminate Parental Right

Terminating a parent's rights is not an easy task. The courts generally prefer to keep both parents legally bound to the child so that the child will continue to be cared for. For instance, if there is an outstanding medical bill for the child and the mother cannot pay for the entire bill, the doctor will then be able to pursue payment from the father. If the father's rights have been terminated, the doctor will not be able to do this. For this reason, the courts will prefer for there to be two parents involved except in extenuating circumstances.

One of the most common ways in which the rights of a parent can be terminated is when there is someone else ready and willing to step into the role of parenting. When the parents are no longer together, both are free to pursue new relationships. These new relationships often lead to one or both of the parents remarrying and introducing stepparents into the child's life. Especially when one parent is no longer a part of the child's life, having the stepparent adopt the child can be the best thing in the interest of the child. The courts will typically approve this request because there will still be two parents legally responsible for the child. Using a family law attorney to petition for stepparent adoption can help to ensure that the process goes smoothly.

Stepparent Adoptions

For a stepparent adoption to take place, the biological parent must sign away their parental rights. A family law attorney will be able to help you track down the biological parent in every way that is required by the law. In cases where the biological parent cannot be contacted, running an ad in a newspaper in the area they were last known to have lived for a certain period of time may serve the purpose. The biological parent then has a set amount of time in which they can contest the request. If they do not contest the request, it will be granted by a judge since the biological parent is not in contact. If you can track down the biological parent, the easiest route is if they are willing to terminate their rights. If they do choose to contest this, it will be up to a judge what is in the best interest of the child involved.

In order for "parental rights to be terminated" in other instances besides stepparent adoption, certain circumstances must be alleged and proved. One biological parent can hire their own private family law attorney to seek out the termination of the other parent's rights or Child Protective Services (CPS) may file for the termination of both parents' rights in certain instances. One instance that allows for the termination of a parent's rights is if they leave the child with someone who is not the child's parent while expressing intent not to return. If they do not express intent to not return, leaving them with such a person with no means of support for a period of more than a few months is also grounds for termination. Engaging in dangerous behavior can also be grounds for the termination of a parent's rights. A father can also lose his parental rights if he abandons the mother while she is pregnant with the child and does not contribute to her support and medical care through pregnancy and birth. A "family law attorney" can discuss all of the grounds for parental termination and help you to determine if any of them apply to your particular situation.

Proving Danger for Termination of Parental Rights

There must be proof that the parent whose rights are being threatened is a danger to the child and that it is not in the best interest of the child to have this parent in their life. The burden of proof lays with the individual who is seeking the termination not the person who is being threatened with termination. A family law attorney can discuss all of the criteria that will need to be met and how you can go about meeting them. Termination of parental rights is not something that should be taken lightly. One needs to make sure that this request is truly in the best interest of the child and not for their own hidden agenda.

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