All rights and responsibilities regarding your parenthood will be terminated once parental rights are terminated. If you volunteer your rights, you’ll have no input regarding the child’s education, religion, upbringing, location, and any other factors regarding the child. You will also not be legally guaranteed any kind of custody or visitation. [1] X Research source If you want your co-parent to terminate the rights to your child, understand your co-parent will no longer have obligations to support the child financially or otherwise. You cannot seek child support or visitation from your co-parent once his or her rights are terminated. [2] X Research source
Many people want to terminate parental rights simply because they do not want to financially support the child. This is very rarely considered solid grounds to terminate parental rights. Do not file a petition under this grounds, as it will likely be denied. [3] X Research source You also cannot terminate rights simply because you’re life is difficult and you do not have time for a child. Remember, the court’s ultimate goal is to act in the child’s best interest. Most judges will think, unless it’s absolutely not possible, you should strive to incorporate your child into your life despite difficulty. [4] X Research source A family law attorney can talk to you about your reasons for wanting to terminate your rights. He or she can help you draft a strong statement illustrating why giving up your parental rights is in the child’s best interest. This may mean admitting to fault on your part. If you do not believe you are a fit parent, the court will want to know why and you might have to disclose uncomfortable personal information that you feel disqualifies you for parental rights.
Precise laws and forms for filing a petition vary state-by-state. For the most part, however, you’ll need to provide basic information such as your name, date of birth, social security number, and other identifying facts you would include on most legal documents and tax forms. [5] X Research source Where to file the petitions varies state-by-state. Some states will allow you to file the petition at a local courthouse or county clerk office while others require the document be brought to an office of Child Protective Services. You can find out where to file your petition by talking to your attorney or browsing your state’s government website. [6] X Research source
Abandonment, which means failure to have contact with the child for over 6 months with no excuse Neglect, meaning basic needs like food, shelter, water, and health are not met Failing to support the child financially, meaning child support payments or other forms of financial support were not paid Egregious harm, meaning the child was hurt badly in the care of a parent Serious criminal conviction, meaning certain crimes, usually felonies involving harming children, can result in parental rights being terminated[9] X Research source
You can file a petition through Child Protective Services. This is called a CHIPS petition (Child in Need of Protective Services). You can also file a petition independently if you believe your co-parent is endangering your child and want his or her rights terminated. [10] X Research source You will need basic information about yourself and the parent whose rights you’re terminating. This information includes name, address, place of birth, social security number, and other details you would typically provide on tax or legal documents.
You must prove some of the above listed grounds for termination occurred. If your filing under grounds of abandonment, for example, you must be able to prove the other parent has had no contact with the child for six months. If you’re filing under the grounds of a serious crime, you can legally obtain police reports and court hearings as evidence for your case. [11] X Research source Certain grounds are harder to prove than others and witness testimony could help. If the other parent has endangered the child through recreational drug use but never formerly charged with a crime, you could bring in a witness who saw the parent drinking heavily or ingesting pills in the child’s presence. [12] X Research source It can be difficult to maintain objectivity in custody cases. Remember, your emotional reaction is not grounds to terminate custody. You have to prove this is in the child’s best interest. Your attorney can help you determine what kind of evidence will and will not help your case. [13] X Research source
Be aware you may be personally attacked in court. Your motivations will be called into question and the other parents attorney may use past mistakes against you. Review all your past conduct carefully to try and prepare emotionally for the impact of harsh cross examination. [15] X Research source Thoroughly review the appeals process in your state. There is a good chance rights will not be terminated in the first hearing, so make sure you’re prepared to appeal the decision. The appeals process varies state-by-state, so talk to your attorney on how to appeal and how to better your chances of success in a second trial or hearing. [16] X Research source
In some states, biological parents can voluntarily terminate parental rights in the event their child finds a loving home. Such petitions are much more likely to be accepted than typical voluntarily terminations of rights as the child in question has a safe, alternative environment away from his biological parents. [17] X Research source You can petition to get the rights of biological parents voluntarily terminated in most states. However, the process is complicated and you must make sure the child’s safety is at risk. The same grounds, such as abandonment and child endangerment, must be met to terminate a co-parents rights involuntarily. [18] X Research source Parental rights are sometimes terminated if a child is placed in foster care. However, this is up to a judge and likelihood of this occurring varies from state to state. Talk to an attorney if you’re considering foster care so you can understand your rights. [19] X Research source
