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Termination
of Parental Rights
Defined
A termination of parental rights means that the person who was the natural
parent of a child no longer has any rights or responsibilities to that
child.
Rights:
Rights regarding a child include the right to decide what kind of education,
health care, religion, morals and values the child should have. Custody
rights and visitation rights are also associated with children.
Responsibilities:
Responsibilities include the duty to provide food, clothing and shelter
for the child, provide all necessary child support, daycare, etc.
A parent whose rights have been terminated has the same rights and responsibilities
toward that child as a complete stranger. Such a parent is not responsible
for any support, nor is that parent allowed to have any input or influence
over the education, teaching and upbringing of that child. In fact, a
parent whose parental rights have been terminated does not even have the
right to see or contact the child.
There are two ways by which parental rights may be terminated.
Voluntarily
The natural parents may voluntarily consent to the termination of their
parental rights, such as when an adoption is being permitted, and the
child will live with new adoptive parents. Court approval is required
for this kind of proceding.
Involuntarily
Parental rights may also be terminated involuntarily. To terminate these
rights involuntarily, the moving party must demonstrate that the natural
parent or parents have abandoned the child.
Abandonment is demonstrated by showing that the parent has, by conduct
continuing for a period of at least six months, either evidenced a settled
purpose for relinquishing parental claim to a child, or has refused or
failed to perform parental duties. A petition to terminate parental rights
may be filed by either parent, an agency supervised by the Department
of Public Welfare and providing adoption services, or an individual having
custody or standing in loco parentis to the child.
Note: As a general rule, courts are reluctant to terminate parental rights
when one parent feels that another parent is unfit. Even if one parent
has lots of flaws, courts are hesitant to simply relieve a parent of his
or her duties to properly raise the child and pay for the child's expenses.
It is extremely difficult to terminate parental rights, and courts will
do so only in rare circumstances.
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