A custodial parent may seek a voluntary or involuntary termination of parental rights for a child who no longer has a relationship with a non-custodial parent. However, if a non-custodial parent agrees voluntarily to terminate his/her parental rights, child support obligations will cease.
The courts are particularly cautious about any consideration of using the Termination of Parental Rights law because they do not want children to be without parents. Furthermore it must be proved that the law is not used as a way to avoid child support or timesharing requirements after a divorce. These are some but not all the court considerations for Termination of Parental rights cases:
– The parent or parents are engaged in conduct toward the child or toward other children that demonstrates that their continuing involvement in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of the child.
– The parent voluntarily surrenders, forfeiting any right to visitation, input regarding the child’s education, religion, place of residence or other child rearing decisions. 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.
– The child is abandoned as defined by the state.
Termination of parental rights proceedings should not be taken lightly.
The Kissimmee Family Law Office of Eve D’Lugo and Nina DeFlora is home to defenders of the family throughout Osceola County. While dealing with legal family matters you may find yourself in need of a champion. Eve and Nina help to provide security and stability for all family members during legal hardships, with an emphasis on the well being of children. Call us today at 407.870.5551 or CLICK HERE to contact us online.