How Can a Parent’s Rights be Terminated?
There are 2 ways to terminate parental rights: voluntary termination and involuntary termination. Voluntary Termination of Parental Rights
A voluntary termination is agreed upon by both birth parents. Courts use certain factors to determine if voluntary termination of parental rights should be granted. These include: - Whether either parent has been subject to:
- Undue Influence
- Duress
- Improper Pressure from parents, friends, relatives, doctors, or acquaintances
- Whether a birth parent is under the influence of any drug, medicine, or substance that might affect his or her judgment
- Whether termination of parental rights is in the best interests of the child
Involuntary Termination of Parental Rights
An involuntary termination can occur without either parent’s consent. An involuntary termination can occur when: - a birth parent abandons or fails to plan for the child
- a birth parent fails to support the child
- a birth parent is in jail
- in the case of newborn placements, a birth parent simply does not appear to contest termination of parental rights
Do I Need a Lawyer if my Parental Rights are Being Terminated?
The procedure for termination of parental rights can be very confusing and varies from state to state. An experienced family lawyer can help you understand what your rights are as a parent and how they can be terminated. A family attorney can also represent you in court and file any necessary paperwork. |
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