There are laws in every state that allow for the voluntary and involuntary termination of parental rights. The termination is a court order that severs the legal relationship between the parent and the child, and the child is free to be adopted or, if the child is old enough (in rare cases with laws varying by state) the child can be declared emancipated from his or her parents.
The goal of terminating parental rights is to place the child in a more stable, secure home where their emotional and physical needs will be better met.
Involuntary Termination
In order to obtain an involuntary termination in most states the courts would have to find overwhelming evidence that one or both parents is unfit and that the termination is in the best interests of the child. If a child cannot safely return to their home or one or the parents are unable to provide for basic needs, these would be grounds for termination.
A parent can be found to be unfit if:
- the child, or other children in their family have been abused or neglected
- the parent suffers from prolonged mental illness or extreme mental deficiency
- the parent's alcoholism or drug abuse causes neglect or abuse
- the parent abandons the child, fails to support them or does not remain in contact
- the parent has been convicted of a "crime of violence against the child"
- the parent has killed (murder or voluntary manslaughter) another child
- the parent will be incarcerated for a very long time and there are no relatives who can care for the child
If one or both parents are found unfit for any of the above reasons, their parental rights will likely be terminated. Many states allow parental rights to be terminated if the child has spent 15 of the last 22 months in foster care.
Exceptions
Sometimes exceptions can be made if the child is in the care of a willing, capable and fit relative or there is a compelling reason to believe termination of parental rights is not in the best interest of the child.
Voluntary Termination
State laws vary regarding whether or not both parents must voluntarily terminate their parental rights prior to the adoption of a child. Most states require the termination of the mother's rights, but not all states require termination of the father's rights, particularly if the biological parents were not married at the time of the conception and birth or if the father is unknown or has had not involvement in the child's life.
Get Legal Help
Termination of parental rights, voluntary or involuntary will have a profound effect on the rest of your life and your child or children. If the termination is voluntary, you need to know all of your rights and understand the permanent consequences of relinquishing your rights so that you can make an informed decision. If you are facing involuntary termination and wish to fight for your children, you need to contact an attorney right away. An experienced family law attorney can answer your questions and help you navigate through the legal processes involved with termination of rights.
