After a divorce, you may be given partial or even full custody of your child. However, the courts are concerned with the best interests of your child and there are some circumstances where your rights as a parent might be terminated. When this happens, your child may end up living with your ex-spouse and you may even be unable to see your child. There are several mistakes you can make that would lead to your parental rights being terminated.
Having Rights Terminated Isn't Easy
The courts take the rights of parents very seriously and also believe that children benefit from having their parents in their lives in most cases. If your ex-spouse would like to have your rights as a parent terminated, they will need to provide clear and convincing evidence. This is considered the highest burden of proof for non-criminal cases.
Understanding Why Parental Rights Are Sometimes Terminated
One reason for why parental rights are terminated is that the child no longer wants to have a relationship with their parent. Another reason is that the courts believe that it is not in the best interest of the child to have a relationship with the parent. For example, the courts might believe that the parent is abusive, neglectful, or irresponsible.
There are certain events that can automatically lead to a parent's rights being terminated. For example, the parent might abandon the child in foster care. The parent might fail to pay child support. The parent might have a mental disability or mental illness that prevents the parent from caring for the child. Also, if the parent relinquishes parental rights, this can lead to the rights being terminated.
Violent crimes are almost always cause to have parental rights terminated if they are directed at the child, another child in the family, or the other parent. Aiding in a violent crime can also lead to the termination of parental rights. Finally, if the child was created through the process of rape, the parent may lose parental rights.
Protecting Your Rights
If you are being falsely accused of anything that would be considered grounds for the termination of parental rights, you will need to speak with a family lawyer as soon as possible. Otherwise, there is a very good chance that you may permanently lose custody of your child. There are also reinstatement laws, but they mostly apply to children who are aging out of foster care and wish to reestablish relations with their parent.
Reach out to a child custody attorney for more information.
Share13 October 2020
There are so many legal situations that you can find yourself involved with, but do those situations really require that you hire an attorney? Some instances you may not need an attorney working with you, but in other situations, an attorney is definitely a necessity. This blog contains tips and advice for working through the different elements of the legal system. You will find information that can help you determine if/when you need to hire an attorney to represent your best interests. Knowing this information can help you avoid the costly mistake of taking on the legal system without someone who knows how the system works.
