This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
Grounds for Involuntary Termination of Parental Rights
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US-ADOP7
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FAQ
Parental rights can be terminated voluntarily by the parent(s) to allow an agency, independent, or stepparent adopfffdon to take place. Parental rights may also be terminated involuntarily when the court finds one or both parents to be unfit.
Absent parent: If a parent has been absent for 6 months or more, the law allows the other, more responsible parent, to petition to terminate parental rights. Not just parents can terminate: in fact, anyone with an interest in the well-being of a child can attempt to terminate one or both parents' rights.
Generally, the only way to remove parental responsibility from someone is to make an application to the Court. Although if someone has been given parental responsibility through a court order, then that responsibility would end once the court order is no longer in force.
The grounds for involuntary termination of parental rights are specific circumstances under which the child cannot be returned safely home because of risk of harm by the parent or the inability of the parent to provide for the child's basic needs.
How Can an Absent Parent's Legal Rights be Terminated? In order to terminate their rights, a petition to terminate an absent parent's parental rights will need to be filed in family court. The judge will then proceed to review the case and the circumstances and determine whether parental rights should be terminated.
As such, the termination of parental rights is very rare. While you may feel that your deadbeat ex isn't worthy of the privilege of time with your child, the courts look on the matter differently, taking a child's needs and well-being into account over a parent's personal grievances.
Parental rights can be terminated voluntarily by the parent(s) to allow an agency, independent, or stepparent adopfffdon to take place. Parental rights may also be terminated involuntarily when the court finds one or both parents to be unfit.
In order to terminate their rights, a petition to terminate an absent parent's parental rights will need to be filed in family court.However, in situations where the other parent is also absent or deceased, another family member, legal guardian or state agency can request that parental rights be terminated.
Parents will have to file a petition with their local court requesting a hearing to determine parental rights. Once a petition is filed, parents need to attend a hearing before the judge who will determine whether rights will be granted/terminated.