Termination of Parental Rights

In certain cases, a parent will agree to voluntary termination of parental rights. Yet, most often, a court will order involuntary termination of parental rights. Here, the State or a custodial parent or guardian files the petition to terminate parental rights.

State laws differ slightly on the exact grounds for an involuntary termination of parental rights. Parents who commit child abandonment are more likely to lose their parental rights. Parents who commit child abuse or child neglect likely will face termination proceedings. However, most states will require clear and convincing evidence of those grounds. They will also provide that a determination is in the child's best interests.

This article covers the reasons and process of terminating parental rights. It also explains reinstating parental rights after termination. You can get guidance for your own case by talking to a local attorney who practices family law.

The Best Interests of the Child Matter Most

Courts make various decisions that affect children. These include permanent placement and legal custody determinations. Court rulings also address child support and claiming children for tax purposes. The court will also address issues of safety and permanency planning. They will oversee proceedings for termination of parental rights.

Most states require courts to weigh whether such a decision will be in the “best interest" of the child. In some states, family law statutes use general language to emphasize that the child's health and safety are the priority.

In other states, the law sets specific factors for consideration. These may include:

• The child's age
• The child's physical, mental, emotional, and moral well-being
• Cultural and attachment issues
• The child's reasonable preferences
• The parents' wishes
• A conviction of any parent or household member for child abuse or neglect; domestic violence; or a sexual abuse offense

Voluntary Termination of Parental Rights

Often, parents voluntarily terminate their rights when they wish to give the child up for adoption. In a common scenario, the child lives with the custodial parent and their spouse. The custodial parent and their spouse seek to terminate the other parent's parental rights to complete a stepparent adoption. The child's other parent then agrees and files a statement relinquishing their rights to the adoptive parent. The family court then approves the relinquishment and adoption.

In another scenario, the State files for the termination of the parental rights of one or both parents. This action involves the human services or protective services division. It may occur when one or both parents are not fit to have the child in their care. The State may find a grandparent or foster parents appropriate for the adoption of the child. The parents voluntarily relinquish their rights so the adoption can proceed.

Outside of adoption, the request for voluntary termination of parental rights can be controversial. It may not succeed. Children have a right to a parental relationship. This includes a right to receive financial support and care from both parents.

Two common situations that often lead to requests to end parental rights include:

• A parent who wishes to stop their child support or financial obligation for the child
• A parent who desires to have the other parent completely out of the child's life. Courts may often find these outcomes are against public policy.

Involuntary Termination of Parental Rights

The State will normally file for involuntary termination of parental rights as a last resort. It may be suitable after reasonable efforts at reunifying a child with the natural parent(s) have failed.

Each state law will set out the grounds for involuntary termination. Courts will scrutinize any request to terminate parental rights closely.

Very few civil cases provide for a court-appointed lawyer. But in light of the severe consequences, termination cases sometimes do so. Courts will often appoint counsel to represent parents who couldn’t otherwise hire an attorney for their defense.

Why Can Parents Lose Their Rights?

An involuntary loss of parental rights usually happens because of child abuse, severe neglect, or a parent’s circumstances.

The most common reasons for involuntary termination include:

• Severe or chronic abuse or neglect
• Abuse or neglect of other children
• Sexual abuse
• Abandonment
• Severe mental illness or other parenting deficiency
• Severe alcohol abuse or substance abuse by a parent
• Involuntary termination of the rights of the parent to another child
• Conviction for other felony offenses or domestic violence
• Failure to pay child support or otherwise financially support the child

If one or more factors apply, it is a good idea to discuss your rights with a family law attorney.

Can I Terminate My Ex's Parental Rights?

Yes, a parent can petition the court to end another parent’s rights in certain cases. This legal action would typically fall under the involuntary termination of parental rights. It may be voluntary if the other parent agrees to give up their rights.

A parent doesn’t lose their rights solely due to a breakup. Married and unmarried parents still have the rights and responsibilities of caring for their children. A child custody arrangement can help define the roles of both parents after the breakup.

Yet, an ex could lose parental rights if any of the grounds for termination apply. Those factors might mean they are unfit as a parent. Proving that the harm outweighs the benefits of the parent-child relationship can be difficult.

In child custody disputes, the court may decide to award sole custody if it best serves the child’s interests. The court can also decide whether to award visitation rights to a parent without custody and full parental rights.

Guardianship in Parental Rights Cases

Sometimes, the State's child protective services agency will recommend that the court appoint a guardian for a minor child. This may occur during the process of an investigation or the development of a permanency plan and/or reunion for the parent and child. During such a time, there may be a need for a person other than the parent to step in and make decisions a parent would otherwise make for the child.

A guardian is different than a Guardian ad Litem. A guardian actually steps into the parental decision-making role. Sometimes, a person who has first served as a guardian will seek to become an adoptive parent taking on a larger role in the child's life.

Foster Care for Parental Rights Cases

When the State social services or child protective services agency has substantiated child abuse or neglect, they often seek court intervention. The State will seek out-of-home care for the child's well-being and safety. It may request that the court place the child with a stable relative or family member. If there are no alternatives, it may request that the court place the child in foster care. The foster care process can include placement with one foster family or in a foster group home. It may include placement with a relative or family member with foster care services.

Most foster care placements will be temporary. Child protection social workers will develop a permanency plan for a parent. This plan can lead to reunification of the child with the parent or an appropriate relative.

In some cases, the child's parent or parents do not succeed with the case plan. They may continue to engage in dangerous conduct or simply not follow recommendations to complete the plan. This situation might leave the child with no legally responsible parent or guardian. The State may file for custody of the child and an involuntary termination of parental rights. The foster care placement can then become permanent.

Reinstatement of Parental Rights

When a court orders the termination of parental rights, the legal relationship between a parent and child ceases to exist. And although a parent may petition the court agreeing to waive parental rights, the main consideration for the court is always the child's best interest.

Laws allowing reinstatement were drafted generally in response to older children who were aging out of foster care without a permanent placement. In such situations, the law provided a path for reinstatement if the natural parent had made progress and could now provide a safe home. More often, reinstatement is available only on the condition that the child has not been permanently placed in a foster home within a given period of time.

Some states limit reinstatement rights to only certain types of cases. For example, the state may reinstate rights in cases of newborn infant adoption.

How a Family Law Attorney Can Help You

Consider meeting with a family law attorney in your area if you have additional questions about termination or reinstatement of parental rights.

Remember, a person whose parental rights have been terminated also loses custody or visitation rights with the child. If the voluntary termination occurred through a state child welfare agency, some states provide limited post-termination access to the child by the former parent. The family code of each state governs the rules and procedures for termination and post-termination access, if any.

To understand how the laws of your state apply to your situation, you should seek legal advice from a qualified family law attorney in your area.