How A "Petition To Terminate Parental Rights" Works
When you believe that your ex is abusing or neglecting your child, you have the option of filing a petition to terminate the parental rights of your ex. Your ex may lose custody of their children based on their actions but would still have visitation rights. But if you believe that your ex should have no contact with your child because it would not be in your child's best interests, you may be able to file a petition for the termination of parental rights under extreme circumstances.
Understanding Parental Rights
Parents have the right to visitation and the custody of their children. They have the right to play a role in major decisions involving their children. They also have responsibilities such as the responsibility to pay child support and to create a safe environment for their children.
Reasons for Terminating Parental Rights
The parent might have been arrested or may have been found to be abusing illegal substances. The reason for being arrested might be related to violent crime. Your ex may have made their whereabouts unknown. They might have missed several court dates. All of these actions should be documented and should be brought up as reasons to have parental rights terminated.
Steps you Should Take
You will have to file a petition in the local court that has jurisdiction to be able to receive a hearing where it will then be determined whether the courts will terminate the parental rights of your ex. During the hearing, your ex will be able to attend and explain why they believe this is the correct or incorrect decision.
Protecting Your Parental Rights
In some cases, both you and your ex might have performed actions in the past that would lead the courts to fear giving either of you custody. Therefore, it's important to speak with a divorce lawyer about how you can reduce the risk that your petition to terminate parental rights is not denied and that you do not lose custody of your children either.
Petition Denials
After filing a petition, you might find that it has been denied. If you attempt to appeal the denial, this appeal will likely also be denied unless you provide substantial evidence to show that it is necessary that your ex have their parental rights denied. Therefore, you will need to speak with a divorce lawyer about the type of evidence that you would need to provide.
For more information about the process for petitioning to terminate parental rights, talk to a divorce lawyer in your area like those at the Law Offices of Heidi A. Gifford.
