Understanding The Basics Of Parental Right Termination
Child custody laws are a complex system of expectations and regulations. When it comes to removing a parent's rights to their children, it's not something that is taken lightly. If you are concerned about the safety and well-being of your children during visitation periods with your ex, you should be honest and up-front with the court about it. Here are a few of the things you should know about parental rights termination and child protection.
When Can You Remove Parental Rights?
Parental rights can be terminated in a variety of situations. First, if the state finds evidence that the child is being neglected, abandoned, or mistreated, and the parent has failed to correct the problem despite intervention by the state, then rights termination is usually the last resort.
If there is evidence that there has been abuse or any other type of neglect and you can prove that in court, you may be able to have the other parent's rights terminated in court as part of the custody case.
Finally, if the other parent is convicted of a felony that's based on a violent charge, you may have the legal right to terminate their parental rights. A violent felony can be considered as a risk factor that puts the children's safety at risk.
Can The Other Parent Give Up Their Rights?
Another option, depending on how cooperative the other parent is, may be voluntary rights termination. Unlike an involuntary termination that happens at the hands of the court, a voluntary rights termination is one that is initiated by the parent themselves to sign off their parental rights.
If the parent recognizes their threat to the child, is willing to allow an adoption, or wants to sign off their parental rights for any other reason, they can petition the courts voluntarily to terminate their rights. At that point, they will not have any claim to the child, any ability to seek visitation, or any liability for child support.
Parental rights termination is not something that's taken lightly in any court. The elimination of one parent's responsibility must be properly justified. Whether you're looking to terminate your rights or you want to terminate the rights of the other parent, the best thing you can do is to reach out to a child custody attorney like Patricia L Riddick PLLC Atty. He or she can help you understand the laws where you are so that you know what your options really are.