Case Example – Terminating Parental Rights
Video taken from the channel: Center for Advanced Studies in Child Welfare
Judge refuses to terminate parental rights of Josh Burns
Video taken from the channel: WXYZ-TV Detroit | Channel 7
Should I Give Up My Parental Rights?
Video taken from the channel: TRE TALK
Signing over my rights!
Video taken from the channel: Khalif King nobody’s that dumb!
Legal Expert Offers Advice For Father Who Says He Wants To Terminate His Parental Rights
Video taken from the channel: Dr. Phil
How To Terminate Parental Rights
Video taken from the channel: LJ Law
What is Involved in Signing over Parental Rights?
Video taken from the channel: Attorney Thoughts
Signing over, or terminating, parental rights should never be taken lightly. A custodial parent may seek termination of parental rights in situations where their child no longer has a relationship with the non-custodial parent, or when the child is believed to be in imminent danger. In such cases, the court will typically order a hearing.
Signing over your rights as a father also means you will lose any custody or visitation rights you have over the child, as well as the right to provide any input regarding the child’s religion, education, or medical care. Once your parental rights are terminated, you also have no say over who adopts the child in the future. The first step to signing over parental rights is typically to fill out a petition for termination of parental rights.
This requires the parent to fill out the name, age, and address of the child, as well as the same information for the parents or legal guardian of the child. If this information is unknown, the parent must explain why that is. Termination of parental rights may be voluntary or involuntary.
Voluntary termination of parental rights is difficult except under certain circumstances.This is because children are generally seen to have a right to a parental relationship and, particularly, a right to receive financial support and care from both parents. Relinquishment of parental rights typically refers to voluntarily giving up parental rights. The voluntary relinquishment must be approved by both parents and involves the signing over of parental rights so the child may be placed for adoption. If the termination of parental rights leaves a child with no legally responsible parents or guardians, the court will typically place the child in foster care.
Before a state can take such a drastic action and place a child in foster care, it must file a petition under the federal Adoption and Safe Families Act (ASFA). A surrender of parental rights is when a child’s biological parents agrees to give up their parental rights voluntarily. The surrendering of parental rights is irrevocable. This means that it’s a permanent decision and can’t be canceled or changed. The surrender can be conditional or unconditional.
“Termination of parental rights should not be a rare occurrence in juvenile or family court even though it is rare in the population as a whole.” From. Resource Guidelines: Improving Court Practice in Child Abuse and Neglect Cases, National Council of Juvenile and Family Court Judges, 1995. There are some financial risks worth considering before deciding to attempt to terminate parental rights. Terminating parental rights in Texas requires filing a lawsuit for that purpose and proving the requirements set out in the Texas Family Code Chapter 161. The courts do not publish forms or instructions to start a court action to terminate parental rights.
You may find information through The Legal Fact Sheet on Termination of Parental Rights published by Mid-Minnesota Legal Aid, which explains the basics on these kinds of cases. To get legal advice on your situation, you should talk with a lawyer.
List of related literature:
|from Introduction to Law for Paralegals: A Critical Thinking Approach|
|from California Family Law for Paralegals|
|from Social Work Practice and the Law|
|from An Introduction to the American Legal System|
|from UK Law and Your Rights For Dummies|
|from Basic Contract Law for Paralegals|
|from Health Care Law and Ethics|
|from Inclusive Primary Teaching: A critical approach to equality and special educational needs and disability|
|from The Oxford Handbook of Fiduciary Law|
|from The SAGE Encyclopedia of Marriage, Family, and Couples Counseling|