Termination of Parental Rights

The parental rights of a parent to a child can be terminated one of two ways:

1. Voluntarily – a parent who for good cause wishes to terminate their parental rights may do so.
Voluntary termination of parental rights is typical in cases of step-parent adoption.
2. Involuntarily – parental rights may be terminated if any of the following conditions exist:

  • The parent has abandoned the child. This means the parent has had no contact with the child on a regular basis, the parent has demonstrated no interest in the child’s well being for a period of 6-months, or if the child is under 2 years old, circumstances show that the parent will not return to care for the child;
  • The parent has shown over a period of time that he or she cannot perform the duties necessary. Essentially, the parent cannot or will not provide for the child’s basic needs, as well as physical, mental, or emotional health and development;
  • The parent, who has been court ordered and is financially able to contribute to the support of the child, continually fails to do so without good cause;
  • The parent is unfit to care for the physical, mental and emotional needs of the child;
  • Conditions that placed the child out of the parental home have not been corrected. The conditions may be due to the parent’s failure to remain chemically dependent despite appropriate treatment programs;
  • There is a lack of disregard for the child’s well-being as shown by egregious harm experienced by the child while in the parent’s care;
  • The child’s parents were never married, the father did not register with the father’s adoption registry and an adoption hearing took place;
  • The child is neglected and in foster care; or
  • The parent was convicted of killing the child’s other parent or seriously assaulting the child or the child’s other parent.

Termination of parental rights is a very serious court action.  If you are trying to seek termination of your child’s other parent or if you have been notified that the County or another party is attempting to terminate your parental rights, it is extremely important that you have legal representation.  Call 651-361-9830 to speak with Holly Frame of Frame Law, LLC today.