How Do I Terminate Parental Rights?

You can terminate parental rights by submitting a petition for termination and showing the family court that legal severance is in the best interests of the child. The legal grounds for parental rights termination include substantial evidence of harm, child abandonment, parental unfitness, severe neglect, physical abuse, and failure to support. Before issuing a final order, the family court and a guardian ad litem will hold an adjudicatory hearing. Parents can also voluntarily relinquish parental rights for adoption placement.

Terminating the other parent’s custody rights to your child is a very difficult process and is rarely ordered by a judge or family court referee. For legal guidance on parental rights and termination, reach out to a custody and visitation lawyer.

What To Prove for a Termination of Parental Rights

The overarching standard in all child custody matters is determining what is in the best interest of the child. Some parents have trouble separating what is in the child’s best interests from their own.

Family courts have long recognized the substantial and fundamental right of natural parents to enjoy the custody of their child. A legal parent should not be deprived of this right “except for grave and weighty reasons.” Though disrespectful conduct toward the other parent may certainly spill over into the parent-child relationship, that is not enough to justify taking away a parent’s legal rights.

To reach the point where a parent may be considered for a termination of parental rights, the situation must be dire.

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Examples of Situations That Can Lead to Termination of Parental Rights

Examples might include a parent who has done one or more of the following:

• Abandoned the child for a significant period of time
• Been diagnosed as chemically dependent by a qualified expert and refuses treatment
• Had other termination proceedings for another child
• Child abuse, sexual abuse, or continuing domestic violence
• Long-term incarceration
• Been determined “palpably unfit” to parent the child
• Consistently refused to provide necessary food, clothing, shelter, or education for the child’s well-being

A court’s opinion of whether the other parent is not consistently meeting the needs of the child or is “palpably unfit” will require clear and convincing evidence of significant negative behavior or living conditions.

For example, previous termination cases show parents who live in condemned housing, or have significant mental illness incapacity that prevents them from adequate parenting, likely into the foreseeable future.

How To Seek a Termination of Parental Rights

The termination process varies by state. In most states, a termination of parental rights matter goes through the family court or juvenile court.

Filing an involuntary termination of parental rights case generally requires a court fee. However, the fee may be waived if you meet certain income guidelines. It will be a long process, likely involving one or more expert evaluations of the parties and child, and several court hearings.

Further, even if a court agrees a parent is clearly unfit, is not providing financial support or needed care, that may not be enough.

Often, the law requires the court to ensure that reasonable opportunities to give the problem parent a chance to self-help and correct the concerning issues. Typically, the county social services agency becomes involved here to assist the problem parent in curing the alleged conditions.

If the child is in danger or there are threats to the child’s welfare, the court uses child protective services. They can put the child in foster care temporarily and try to help the parent with their issues. There are generally many steps and chances for reunification before the court will resort to taking away the parent’s legal rights.

Voluntary Termination of Parental Rights

A biological parent may voluntarily terminate their parental rights. For example, the other parent may have married another person who provides for their stepchild.

The stepparent cannot legally adopt their stepchild unless one of the child’s parents terminates their parental rights.

When the Other Parent Can’t Be Located or Identified

The other parent must have notice if the court holds a hearing to terminate their parental rights. However, it could be difficult or impossible to locate the parent to serve them notice and let them have their say in court.

If the court cannot identify or locate the parent, it may publish a termination notice in local publications. There are generally notice requirements and deadlines. If the court still does not hear from the missing parent, the family judge can issue a court order terminating parental rights.

Get Legal Help from a Family Law Attorney

In many cases, objective counsel will caution parents that the problem parent’s conduct often falls short of the standard necessary to terminate parental rights. In those cases, an experienced family law attorney can provide legal advice and general information to explain the alternatives to the concerned parent.

For legal advice about terminating parental rights, talk to an experienced child custody lawyer.