No parent in their right mind would give up parental right over their children. However, if a parent’s presence in their child’s life is detrimental to the child’s safety and well being, there little choice but to terminate their parental rights.
This means that the parent does not have any say in how the child is raised, where the child lives or their education. In a nutshell, the adult’s rights associated with parenthood are terminated.
The termination may not be reversible. The standards the parent has to meet to reverse this decision are stringent. The reversal may be possible if the child is not adopted after your rights have been terminated. To understand better the expectations and the process, seek the counsel of family law attorneys.
Termination becomes necessary in the following situations:
- If the child is abandoned.
- If the child is adopted.
- If the child is deemed unsafe in the custody of the parent.
A parent may voluntarily seek to terminate parental rights or be compelled to do so.
Situations that Warrant Termination of Parental Rights
Parental rights can be terminated if a parent declines to be present and involved in the child’s life and refuses to provide financial support. A petition to terminate their parental rights under these circumstances may go through.
If a parent has not exercised their parental rights in at least 6 months, you have grounds to petition for their parental rights to be revoked.
Additional reasons that warrant termination of parental rights include:
- The parent has abandoned their child.
- The parent neglects or is cruel to the child.
- The parent is disabled due to abuse of alcohol, controlled substances or moral depravity.
- The parent has been incarcerated after being convicted of a felony.
- The parent is declared to be mentally ill.
The rights may be terminated for one or both parents depending on the situation under any of these circumstances.
Begin the Process of Parental Termination
To begin the termination of parental rights process, you must file your petition in court if the termination is contested. The parent will defend their rights to parental rights and will demonstrate their ability to parent and support their child.to do this, the parent will file a response to your petition and there will be a court hearing.
If the parent is unknown or cannot be located, you will be required to file a petition. For this type of approval process, adoption proceedings need to be in place.
You will have an easier time if the parent has voluntarily chosen to terminate their parental rights. The process then only requires some paperwork to be filed with the court. Voluntary termination takes place mostly with a stepparent situation. However, cases of voluntary parental rights termination have increased due to certain circumstances.
The only way to be assisted whether you are the petitioner or are responding to the said petition is by getting competent legal representation by engaging a family lawyer to take you through the process as they have the knowledge and experience in matters relating to termination.