Loss of Parenting Rights

father and child

Just because someone has a biological child, does not mean he or she has rights to parent that child. If there is abuse or neglect present, it is important for courts to get involved and fight for the loss of the co-parents rights. Although this may not always result in the loss of paternal rights, it is important to understand the process as the child’s safety could be at risk.  It is also important to understand your parental responsibilities if this were ever to happen to you.

Looking at the best interest of the child

The law will first and foremost look at what is best for the child. It is first important to understand the difference between voluntarily giving up your rights, and the courts terminating your rights. Termination results when a parent is deemed unfit to care for a child, but that parent does not want to give up their rights. Voluntarily giving up rights may happen in the case of adoption, for instance. Termination of parental rights is incredibly serious, and the courts will not choose to proceed unless there is substantial evidence of harm to the child. 

When the courts do choose to proceed, it is because that is what is in the child’s best interest. If a parent breaks specific responsibilities, that may be cause for termination. For example, if there is physical abuse at play (the child is at risk for harm, or currently being harmed) or if there is abandonment or neglect happening, a child may be removed from the care of that parent, and the parent’s rights would be terminated. 

Protect your children

Being a parent can be scary, but being a parent who is facing their rights being terminated is terrifying. You need someone on your side who knows the ins and outs of the law to fight for you. We have extensive experience in family law and can help. Contact us today to set up an initial consultation, and we will help you. 

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