How to Terminate Parental Rights
Learn the consequences of terminating your rights., Talk to a family law attorney., File a petition., Go before court., Be prepared for the petition to be denied.
Step-by-Step Guide
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Step 1: Learn the consequences of terminating your rights.
Before you decide to voluntarily give up parental rights, understand the consequences of this decision.
Terminating parental rights has fairly serious legal repercussions and it's not a decision that should be made lightly.
All rights and responsibilities regarding your parenthood will be terminated once parental rights are terminated.
If you volunteer your rights, you'll have no input regarding the child's education, religion, upbringing, location, and any other factors regarding the child.
You will also not be legally guaranteed any kind of custody or visitation.If you want your co-parent to terminate the rights to your child, understand your co-parent will no longer have obligations to support the child financially or otherwise.
You cannot seek child support or visitation from your co-parent once his or her rights are terminated. -
Step 2: Talk to a family law attorney.
Courts will not grant voluntary termination unless parents can objectively prove this is in the best interest of the child.
Judges are generally hesitant to terminate parental rights, even if they're being given up voluntarily.
Consult a family law attorney to figure out how to best argue for the termination of parental rights.
Many people want to terminate parental rights simply because they do not want to financially support the child.
This is very rarely considered solid grounds to terminate parental rights.
Do not file a petition under this grounds, as it will likely be denied.You also cannot terminate rights simply because you're life is difficult and you do not have time for a child.
Remember, the court's ultimate goal is to act in the child's best interest.
Most judges will think, unless it's absolutely not possible, you should strive to incorporate your child into your life despite difficulty.A family law attorney can talk to you about your reasons for wanting to terminate your rights.
He or she can help you draft a strong statement illustrating why giving up your parental rights is in the child's best interest.
This may mean admitting to fault on your part.
If you do not believe you are a fit parent, the court will want to know why and you might have to disclose uncomfortable personal information that you feel disqualifies you for parental rights. , You will have to file a petition to your local court requesting a hearing to determine parental rights.
Petitions of this nature can be fairly lengthy, so make sure you fill it out completely.
Precise laws and forms for filing a petition vary state-by-state.
For the most part, however, you'll need to provide basic information such as your name, date of birth, social security number, and other identifying facts you would include on most legal documents and tax forms.Where to file the petitions varies state-by-state.
Some states will allow you to file the petition at a local courthouse or county clerk office while others require the document be brought to an office of Child Protective Services.
You can find out where to file your petition by talking to your attorney or browsing your state's government website., A hearing will take place before a judge that will determine whether or not your rights will be legally terminated.
You may be asked to make a statement to the court or judge.
Talk to your attorney about whether or not making such a statement would be beneficial to you and, if so, what you should say.
Dress appropriately for the hearing, in professional attire, and be respectful of the judge.
Do not try to "prove" your unfit nature as a parent by showing up to court slovenly and behaving poorly.
This will not necessarily help your case and might result in legal trouble, such as being held in contempt of court., Understand judges and courts are very, very unlikely to terminate parental rights.
The consensus in the legal community is that terminating rights is rarely in the best interest of a child.
If your petition is denied, talk to your attorney about how to appeal the decision.
Requirements for appeals vary state by state. -
Step 3: File a petition.
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Step 4: Go before court.
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Step 5: Be prepared for the petition to be denied.
Detailed Guide
Before you decide to voluntarily give up parental rights, understand the consequences of this decision.
Terminating parental rights has fairly serious legal repercussions and it's not a decision that should be made lightly.
All rights and responsibilities regarding your parenthood will be terminated once parental rights are terminated.
If you volunteer your rights, you'll have no input regarding the child's education, religion, upbringing, location, and any other factors regarding the child.
You will also not be legally guaranteed any kind of custody or visitation.If you want your co-parent to terminate the rights to your child, understand your co-parent will no longer have obligations to support the child financially or otherwise.
You cannot seek child support or visitation from your co-parent once his or her rights are terminated.
Courts will not grant voluntary termination unless parents can objectively prove this is in the best interest of the child.
Judges are generally hesitant to terminate parental rights, even if they're being given up voluntarily.
Consult a family law attorney to figure out how to best argue for the termination of parental rights.
Many people want to terminate parental rights simply because they do not want to financially support the child.
This is very rarely considered solid grounds to terminate parental rights.
Do not file a petition under this grounds, as it will likely be denied.You also cannot terminate rights simply because you're life is difficult and you do not have time for a child.
Remember, the court's ultimate goal is to act in the child's best interest.
Most judges will think, unless it's absolutely not possible, you should strive to incorporate your child into your life despite difficulty.A family law attorney can talk to you about your reasons for wanting to terminate your rights.
He or she can help you draft a strong statement illustrating why giving up your parental rights is in the child's best interest.
This may mean admitting to fault on your part.
If you do not believe you are a fit parent, the court will want to know why and you might have to disclose uncomfortable personal information that you feel disqualifies you for parental rights. , You will have to file a petition to your local court requesting a hearing to determine parental rights.
Petitions of this nature can be fairly lengthy, so make sure you fill it out completely.
Precise laws and forms for filing a petition vary state-by-state.
For the most part, however, you'll need to provide basic information such as your name, date of birth, social security number, and other identifying facts you would include on most legal documents and tax forms.Where to file the petitions varies state-by-state.
Some states will allow you to file the petition at a local courthouse or county clerk office while others require the document be brought to an office of Child Protective Services.
You can find out where to file your petition by talking to your attorney or browsing your state's government website., A hearing will take place before a judge that will determine whether or not your rights will be legally terminated.
You may be asked to make a statement to the court or judge.
Talk to your attorney about whether or not making such a statement would be beneficial to you and, if so, what you should say.
Dress appropriately for the hearing, in professional attire, and be respectful of the judge.
Do not try to "prove" your unfit nature as a parent by showing up to court slovenly and behaving poorly.
This will not necessarily help your case and might result in legal trouble, such as being held in contempt of court., Understand judges and courts are very, very unlikely to terminate parental rights.
The consensus in the legal community is that terminating rights is rarely in the best interest of a child.
If your petition is denied, talk to your attorney about how to appeal the decision.
Requirements for appeals vary state by state.
About the Author
Joseph Reynolds
Brings years of experience writing about hobbies and related subjects.
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