Termination of Parental Rights
McFarling Law Group represents parties termination of parental rights cases. Whether you are seeking to terminate a parent’s rights or defending against your parental rights being terminated or have reached an agreement for the termination of a parent, McFarling Law Group can help.
Termination of Parental Rights is taken very seriously by the courts unless it is due to an adoption and the termination of parental rights is voluntary.
The Legal Standard
Some common reasons for involuntary parental termination include:
- Claims of severe or chronic abuse or neglect
- Claims of sexual abuse
- Claims of abandonment
- Claims of long-term mental illness or other deficiency of the parent
- Claims that the parent failed to support or maintain contact with the child
- Claims of long-term drug or alcohol abuse by the parent
Conviction of certain felonies can also cause a parent to lose his or her parental rights. In cases of violence by a parent against his or her child or another family member, the court can remove parental rights and terminate the parent-child relationship. If parental rights termination leaves a child with no legally-responsible parent or guardian, the court will likely place the child in foster care.
If you are trying to defend your rights by any unjust claims against you regarding the termination of your parental rights, we will work with you to build your case to fight these allegations. The standard for termination of parental rights is very high and it can be absolutely crucial to have an attorney experienced in termination of parental rights advocating on your behalf. Termination of parental rights is permanent and irrevocable in most cases.
Here is the language of the Nevada State Legislature Statutes:
NRS 128.105 Grounds for terminating parental rights: Considerations; required findings.
The primary consideration in any proceeding to terminate parental rights must be whether the best interests of the child will be served by the termination. An order of the court for the termination of parental rights must be made in light of the considerations set forth in this section and NRS 128.106 to 128.109 , inclusive, and based on evidence and include a finding that:
1. The best interests of the child would be served by the termination of parental rights; and
2. The conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of NRS 432B.393 or demonstrated at least one of the following:
(a) Abandonment of the child;
(b) Neglect of the child;
(c) Unfitness of the parent;
(d) Failure of parental adjustment;
(e) Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
(f) Only token efforts by the parent or parents:
(1) To support or communicate with the child;
(2) To prevent neglect of the child;
(3) To avoid being an unfit parent; or
(4) To eliminate the risk of serious physical, mental or emotional injury to the child; or
(g) With respect to termination of the parental rights of one parent, the abandonment by that parent.
Specific considerations in determining neglect by or unfitness of parent. In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions which may diminish suitability as a parent:
1. Emotional illness, mental illness or mental deficiency of the parent which renders the parent consistently unable to care for the immediate and continuing physical or psychological needs of the child for extended periods of time. The provisions contained in NRS 128.109 apply to the case if the child has been placed outside his home pursuant to chapter 432B of NRS.
2. Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature.
3. Conduct that violates any provision of NRS 200.463 , 200.464 or 200.465 .
4. Excessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child.
5. Repeated or continuous failure by the parent, although physically and financially able, to provide the child with adequate food, clothing, shelter, education or other care and control necessary for his physical, mental and emotional health and development, but a person who, legitimately practicing his religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.
6. Conviction of the parent for commission of a felony, if the facts of the crime are of such a nature as to indicate the unfitness of the parent to provide adequate care and control to the extent necessary for the child’s physical, mental or emotional health and development.
7. Unexplained injury or death of a sibling of the child.
8. Inability of appropriate public or private agencies to reunite the family despite reasonable efforts on the part of the agencies.
Contested Termination of Parental Rights – How the Court Process Works
A petition for termination of parental rights is filed and served on the person whose rights are sought to be terminated along with a notice of hearing. The parties appear at the initial hearing and if the termination is contested, the judge will set the case for a trial. Starting 30 days after the complaint is served, both parties may begin the discovery process of obtaining information and preparing for trial.
Consent to Termination of Parental Rights or Adoption – How the Process Works
If a person is willing to have his or her own parental rights terminated and/or allow the child to be adopted by another person, the process is very simply. If there is going to be an adoption, the person can simply relinquish his or her rights and consent to the adoption. In that situation, there is no need for a termination of parental rights case, just an adoption case. If there is not going to be an adoption, a person can simply consent to the termination of their own parental rights by signing a consent that is notarized with two witness signatures.
Experienced Attorneys at Your Side
At McFarling Law Group, our lawyers are experienced in all family law matters, including contested divorces. If you would like to schedule a consultation with an experienced divorce lawyer in Las Vegas, NV area, call our office at 702.565.4335.