Can you terminate parental rights

No termination of parental rights shall be ordered unless the court also finds by clear and convincing evidence the existence of one or more of the following grounds:. In determining the best interests of the child and the existence of a ground for termination, the court shall consider the following factors:. The court shall consider, but is not bound by, the wishes of a child age 12 or older in making an order under this section. Laws Ch. A termination of parental rights petition shall be filed when a child has been in out-of-home care for 15 of the most recent 22 months unless:.

The grounds for termination of parental rights include:. In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions that may diminish suitability as a parent:. The Division of Youth and Family Services shall not be required to file a petition seeking the termination of parental rights if:.

When a court determines that reasonable efforts to reunite the child with his or her parent are not required, a petition to terminate parental rights may be filed immediately. For the purposes of this section, a compelling reason why a petition for termination of parental rights is not required may include, but is not limited to:. In fact, any adult who has taken over the care and custody of the child may pursue legal action. If the biological parent dies without a will, the child will no longer be able to inherit their estate.

The obligation to pay child support also ends. But, the parent will likely still be responsible for paying past child support. You may have heard stories about celebrity child actors becoming emancipated.

The difference between the termination of parental rights and the emancipation of a child is that, in the latter, the child is making the choice to sever ties with their parents. It can be thought of as the opposite of parental termination. After that point, you may still have a child support obligation , but you will not have any other remaining rights or obligations regarding your child. Typically, a parent may voluntarily surrender his or her parental rights in one of two ways. You cannot simply voluntarily surrender your parental rights to end your parental responsibilities.

If there are other family members that want to take the child, those family members can file a Motion to Intervene. The court has the forms or find them on www. What are the legal reasons for termination? Abandonment - Failure to have regular contact with your children or show interest in their wellbeing for 6 months without a good reason. Serious criminal conviction - You have been convicted of killing a child or serious assault against your children.

Can my rights be terminated just because things in my life are hard? What if I am in jail or prison? Do I need a lawyer? Or, you can hire a private lawyer. My children are in foster care. How soon can the county try to terminate my rights? Different rules apply when a child has been placed by the parent for care or treatment. If I agree to put my kids in foster care for treatment, can my parental rights still be terminated? What can I do to keep my parental rights from being terminated?

If your children are in foster care or a CHIPS case has been filed, and a request for termination has not been made yet, the best thing to do is follow your case plan. If you do not understand what you are supposed to do, ask your lawyer or the social worker involved in your case to explain it to you. Work with the social services agency to get the services you need to keep your children or to get your children back home as soon as possible. If a petition to terminate your rights has already been filed, work with your lawyer to show the court that keeping your parental rights is the best thing for your children.

Show the court that you are working hard to do what is best for your children. Show what you are doing to fix the problems. If there is a good chance the court will terminate your parental rights, you can ask for a permanent transfer of legal and physical custody to a friend, family member or the foster family instead.

Talk with your lawyer and the social worker about doing a transfer of custody. A transfer of custody lets you keep your parental rights while making sure your children have a permanent place to live. The court may order supervised visits. Even if you have a court ordered plan, the person with custody of your children can stop you from seeing them if you are drunk, high or behaving dangerously when you show up.

The court can change the visitation plan if things in your life change. It can decide if you should get more or less time with your children.