When Can Parental Rights Be Terminated?

Parental rights can be terminated by court order for the protection of the child or by consent of the parents.  Terminating parental rights is generally used to remove a child from a destructive or unhealthy environment or as a precursor to adoption.  It terminates all rights and obligations of the parent with respect to the child.

What Are Reasons For Terminating Parental Rights?

Generally, courts will terminate parental rights in the best interests of the child.  This includes anytime there is danger to a child's physical, mental, moral, or emotional health.  

Common grounds for terminating parental rights include:

• child neglect or abuse
• child deprivation
• untreated substance abuse by a parent
• emotional illness, mental illness, or mental deficiency of a parent
• abandonment
• a crime committed against the other parent

Examples of insufficient grounds for terminating parental rights include:

• a parent who has committed a crime and been incarcerated but is now clean
• conflicts of religion unless it endangers the child's best interests
• the fact that a parent lives with a non married member of the opposite sex

Do I Need An Attorney To Terminate Parental Rights?

The task of terminating parental rights can be complex and emotional.  A family law attorney can help you through the process and help protect children in need.