There are several different reasons why a parent’s rights could be terminated by a court of law. Parent rights refer to the legal right to make decisions in regards to minor children, such as their education, discipline, medical care, and religion. There are two basic types of rights termination: voluntary and involuntary.
With voluntary termination of parental rights, one or both parents has the right to terminate their parental rights. A voluntary termination of parental rights is common when parents are putting their child up for adoption. They legally agree to surrender their rights, so the adoptive parents are able to assume the rights. A parent may also decide to voluntarily terminate their rights in cases where they are experiencing mental problems, drug and alcohol addiction, or are facing an extended period of incarceration, where they will not be able to provide the proper care for their children.
When parents voluntarily give up their rights, the process is completed in a court of law. Normally a family law attorney in Las Vegas is used to facilitate the process and ensure that all requirements for voluntarily terminating parent rights is met. The court will evaluate the case based upon the reason the parent wants to terminate their rights, and if this is in the best interests of the children.
An involuntary termination of parental rights occurs if one parent desires to terminate the other’s rights or if a state government agency has grounds showing the parent lacks the capacity to properly care for the children. The court determines the request for termination based upon several factors and the circumstances surrounding the request. For instance, if there is evidence of child neglect, physical abuse, mental abuse, or sexual abuse by the parent, their rights can be terminated. Further, in cases where the parent has mental illness, drug and alcohol addictions, or felony convictions with jail time, and does not voluntarily give up their parental rights, the court might terminate their rights involuntarily if it is in the best interests of the minor children.
Once a parent’s rights has been terminated, they are no longer legally responsible for the child. In addition, access (visitation) with the minor children may not be permitted by the court. In cases where only one of the parent’s rights was terminated, the other parent retains his or her rights and the children remain in that parent’s custody. In cases where both parents’ rights were terminated, the state will assume custody and responsibility for the children and place them into foster care or with a relative able to assume parental responsibilities for the children, such as grandparents, aunts, uncles, or adult siblings.
If your parental rights are being terminated, it is highly recommended you seek professional legal advice from a qualified family law attorney in Las Vegas. Your lawyer is there to provide assistance, explain your rights, and let you know what you can do to prevent the termination or get it overturned. For more information about parental right terminations and legal assistance, contact McFarling Law Group today at 702-565-4335.