In New York, a parent’s rights can be terminated for reasons that are stated in the New York Adoption and Safe Families Act. As with all child custody and visitation laws, the goal of the law regarding termination of parental rights is to serve the best interests of the child. A New York lawyer would be able to explain parental rights and the best interest of the child in a legal consultation in New York.
New York law requires the filing of a termination petition if a child has been in foster care for 15 of the previous 22 months. A petition should not be filed if there is a compelling reason for which adoption would not serve the best interests of the child. Compelling reasons not to file would be such factors as the following:
- Relatives are caring for the child and termination of the relationship would not serve the best interests of the child.
- The child could return to the family home within the next 6 months, because the parent has been assessed and found to be making progress.
- The local social services agency has not given the parent the services they need to allow for the child’s safe return to the home.
The petition and a summons must be served on the parent whose rights would be terminated if the petition is successful. The other parent should be served as well.
Even a parent who does not appear at the hearing may have their parental rights terminated. If the parent whose rights might be terminated cannot afford an attorney, the court would appoint one for them.
The judge who presides at the hearing must determine the following regarding the parent whose rights are at issue:
- Whether the parent permanently neglected the child for at least 12 months by not staying in contact with the child and helping to plan for their future
- Whether the parent legally abandoned the child for at least 6 months
- Severely or repeatedly abused the child
- Has a mental illness that prevents the parent from caring for the child.
If the judge determines that none of these grounds for termination have been proven, the petition is dismissed. The child stays in foster care. If the judge determines that one of the grounds has been proven, then another hearing is scheduled.
In addition, at the end of the fact-finding hearing, the judge may order an investigation of the individuals involved in the case and request the preparation of a report of findings. The judge would do this if they feel that the investigation and report would yield additional information about what is in the best interests of the child.
At the next hearing, the judge issues a dispositional order based on the best interests of the child. If the child is over the age of 14, the judge may consider the child’s wishes. The judge may order any of the following:
- Dismissal of the petition
- Suspension of the case for up to 1 year
- Permanent termination of parental rights, which makes the child available for adoption. An authorized social services agency would have guardianship and custody until an adoption could be arranged.
If parental rights are terminated, the court must hold a permanency hearing within the following 60 days at which a plan for the child’s future would be formulated.
What Parental Rights Do Absent Parents Have in New York?
All biological parents have the right to have both legal and physical custody of their child. If the parents have never married or are separated or divorced, a court determines what rights each parent should have on the basis of what would be in the child’s best interest. Non-custodial parent rights are the same as those of a custodial parent, unless, of course, a court has issued an order stating something different.
However, if legal and/or physical custody are contested by two parents, e.g., in a divorce, the parent who has maintained contact and support of their child may win custody, while a parent who has not maintained contact and support may win visitation only at best.
Legal custody is the right to participate in making decisions about how a child is raised, e.g., their medical treatment, whether they are vaccinated, what school the child attends, and whether the child has a religious affiliation. Physical custody is where a child lives. New York child custody and visitation laws provide that parents who have never been married or are separated or divorced can have joint custody, both physical and legal.
A parent still has their parental rights even if they are absent from a child’s life, until a court orders otherwise. The other biological parent also has the right to file a petition to terminate an absent parent’s rights if they believe the grounds for termination are present.
Certain other people and entities are also authorized by New York law to petition to terminate the rights of a parent who has abandoned a child.
What Parental Duties Must a Biological Parent Uphold?
If a parent wants to ensure that they keep their parental rights with respect to their child or children, they want to engage in a relationship with the other parent and the child in a positive manner. If they have been ordered to pay child support, they want to pay it on time and in full. If they have not been ordered to pay child support, they should still be sure to contribute financially to the child’s support.
They need to spend time regularly with the child. If the other biological parent stands in the way of a parent’s spending time with their child, they need to go to court to assert their right to visitation at least, if not joint or sole physical custody.
They want to refrain from engaging in negative conduct, such as criminal activity, substance abuse, and domestic violence. They want to parent their child in a positive manner and maintain a positive, healthy environment in the home in which the child lives or visits with them.
They should work to get along with the other biological parent of the child and engage collaboratively with them on parenting the child.
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How Can an Absent Parent’s Legal Rights Be Terminated in New York?
As noted above, under certain circumstances, a parent’s legal rights may be terminated in New York. The proper process would have to be used, i.e., the filing of a termination petition with subsequent hearings. And a judge would have to find that the facts justify the termination and that it would serve the best interests of the child.
How Much Does It Cost To Terminate Parental Rights in New York?
Courts charge a fee for filing a petition to terminate parental rights in New York. There are other costs as well.
If a parent petitions to terminate their parental rights voluntarily and they have an attorney represent them, the cost is estimated to range from $300 to $2,000 or more, depending on the case.
If one parent petitions to terminate the rights of the other and the other parent contests the termination of their rights, the cost, including attorney’s fees, might be quite a bit more, as much as $10,000. It is impossible to say how much it would cost, because it depends on the case and how it proceeds.
Do I Need a New York Attorney To Help With Termination of Parental Rights?
If you want to terminate your own parental rights or those of the other biological parent, you want to consult a New York child custody lawyer.
LegalMatch.com can connect you to a lawyer who can guide you through the petition process and ensure that you have the proof of grounds for termination if that is your goal. If you want to avoid termination, your lawyer can mount your best case against termination and possibly assert your rights to custody or visitation.
