{"id":351942,"date":"2016-04-04T11:02:42","date_gmt":"2016-04-04T16:02:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/parental-rights-and-liability\/termination-of-parental-rights.html"},"modified":"2025-02-25T11:38:00","modified_gmt":"2025-02-25T16:38:00","slug":"termination-of-parental-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/parental-rights-and-liability\/termination-of-parental-rights.html","title":{"rendered":"Termination of Parental Rights"},"content":{"rendered":"\n
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Termination of Parental Rights<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Termination of parental rights seeks to permanently end the legal rights of one or both of child’s biological parents. This ends the parent-child relationship, and it can either be voluntary or involuntary. Either outcome will free the child for adoption proceedings.<\/p>\n\n <\/div>\n\n

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.<\/p>\r\n

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<\/a> or child neglect<\/a> 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.<\/p>\r\n

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<\/a> who practices family law.<\/p>\r\n

The Best Interests of the Child Matter Most<\/h2>\r\n

Courts make various decisions that affect children. These include permanent placement and legal custody determinations. Court rulings also address child support<\/a> 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.<\/p>\r\n

Most states require courts to weigh whether such a decision will be in the \u201cbest 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.<\/p>\r\n

In other states, the law sets specific factors for consideration. These may include:<\/p>\r\n