Terminating the parent-child relationship–inability to care for a child can happen for different reasons to protect a child. The move is imposed with legitimate concerns, such as neglect, abuse, or endangerment by a parent.
Sometimes a parent doesn’t endanger a child intentionally, but they cannot take care of them due to physical or mental illnesses. Get a free consultation from Child Custody Lawyers in Scottsdale, AZ – Jensen Family Law and aggressive protection if you’re in this position. The attorneys have 20 years of experience and are ready to protect you and the child from unsafe conditions.
Categories Of Termination Of Parental Rights
Parenting is a challenging task that most parents relish and enjoy. However, the responsibility can be impossible for some parents due to their unwillingness to take proper care of their child or children. If a parent can not raise a child, parental rights can be terminated.
Although the termination of parental rights is possible, courts go to great lengths to preserve the parent-child relationship. But, if the situation is dire and the connection is impossible to preserve, the court must act in the child’s best interests to ensure proper growth and well-being. Here are the two classifications of parental rights
Voluntary Termination Of Parental Rights
Sometimes, a parent might conclude that they cannot properly take care of a child and pass the responsibility to someone who can. The person recognized to care for the child can be a close relative or the other parent. Arriving at this painful decision isn’t easy. In some states, a grace period is given to the parent after the voluntary termination of parental rights in case they revoke the consent. Note that voluntary termination of parental rights doesn’t terminate the obligations like child support.
Giving up parental rights is an extraordinary decision that should not be taken lightly or rushed. Once the decision to relinquish parental rights is final, the decision can’t be changed, even if you change your mind. Therefore, if you’re considering taking this path for temporary reasons like a financial burden, you can modify the agreement rather than give up your child’s rights.
Involuntary Termination Of Parental Rights
Sadly, not every parent is suited to take care of a child. In some cases, parents can pose harm to their children, and legal measures to separate them from their children can be imposed.
Although the process and requirements of terminating parental rights may vary, in some states, the revocation can only be effected if they cannot care for and provide for the child. If one parent has reason enough to believe that their partner poses a risk of harming the child, the good parent can file a petition in court for termination of parental rights.
Common Factors That Influence Terminating Parental Rights
When deciding to terminate parental rights, the common factors considered in the courts may include chronic mental or physical abuse, sexual abuse, or neglect. Moreover, if a parent has deserted a child or refuses to offer support or any contact with a child, this may guarantee grounds for termination of parental rights.
Some parents experience mental health problems like substance abuse, making this a reason enough to take them to court for termination of parental rights. In other cases, a parent can commit sexual crimes against a child, and their rights can be terminated. Moreover, involuntary termination of parental rights can happen after a parent’s conviction or incarceration can influence reasons for adoption and termination of parental rights.
Here are more reasons why termination of parental rights can be imposed.
- Chronic or serious mental abuse
- Severe physical abuse
- Sexual abuse
- Neglect or mistreatment
- Abandonment
- A parent’s unstable mental health or substance abuse
- The crime of a sexual nature in a child’s presence by a parent
- Felony and incarceration of a parent
Other Factors That Can Influence The Terminate Of Parental Rights?
It may be shocking to hear that it may take you longer to terminate parental rights if there’s no communication from the other parent. Suppose you file a case against the other partner for lack of communication. They’re served with the legal papers you file. The parent is expected to appear in court to defend themselves.
Assuming the other parent doesn’t show up, and you don’t know where they are, the judge will expect you to do everything to find them. Searching for your MIA partner includes checking with family members, mutual friends, and their employer, sending emails, and posting online. Suppose your search efforts turn futile. You can request the judge for permission to print a notice in a newspaper. But this level of searching for someone isn’t always allowed unless everything has failed.
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