When you have a child, it’s important to understand that you are granted parental rights. Essentially, this means that you have the right to make decisions on behalf of the child, see and communicate with them, and the responsibility to provide both emotional and financial support. However, in certain circumstances, the court reserves the right to terminate someone’s parental rights. Whether you are seeking to have someone’s rights terminated or you want to protect yours, understanding when the court will make this decision is critical. The following blog explores what you should know about this process, including the importance of working with Long Island family lawyers to help you navigate these matters and fight for the best potential outcome for your family.
Under What Circumstances Can the Court Terminate Parental Rights?
It’s important to understand that the termination of parental rights is not something that the courts will take lightly, as there are a considerable number of factors that must be discussed before this decision is made.
In some instances, a parent can voluntarily terminate their parental rights. This is often the case if the child is placed in foster care or their stepparent wishes to adopt them. By terminating parental rights, the parent is no longer financially responsible for the child, but they lose all rights to visitation or communication with the child.
However, there are some circumstances in which, if petitioned by the other parent, the court can involuntarily terminate the rights of a parent. These situations include permanent neglect of at least 12 months, abandonment for 6 months, severe and repeated abuse of the child, or the diagnosis of a mental illness that prevents them from caring for the child.
Should I Enlist the Assistance of an Attorney?
Whether you are seeking to have the parental rights of your child’s other parent terminated or you are fighting to retain your rights, it’s critical to understand that you are entitled to legal representation during this process. Working with an attorney is critical, not only to representing you during these overwhelming and complicated legal matters, but also to help you understand your rights. Unfortunately, many believe they can represent themselves in these issues without realizing that there are a considerable number of nuanced legal matters they must navigate. As such, it is in your best interest to ensure you have an experienced attorney to help you through these times.
At the Sklavos Law Firm, we understand how overwhelming these matters can be, which is why our firm will do everything in our power to help you in the fight for the best possible outcome, regardless of your circumstances. When you need help, our firm is here. Contact us today to learn how we can fight for you.