Termination of Parental Rights

When a parent has been found guilty of violence, abuse, child neglect, or other offences, and when the circumstances are severe enough, a government agency may petition the court to terminate the parental rights of that parent. A termination case is much more severe than cutting off custody rights.

When a party’s parental rights have been terminated, that party permanently loses the rights to have any relationship with the child. While the party is excused from supporting the child, the party has no legal rights of access or communication with the child either. A termination proceeding is, therefore, a very severe proceeding, which should be invoked only in the most severe cases.

Unfortunately, in many states, termination actions are filed by over-zealous agents and lawyers representing the state child protective agency. These agencies come in many names such as the Division of Youth and Family Services, the Department of Child and Youth Services, the Division of Health and Human Services, and Child Protective Services. Across the board, many of these agencies are very poorly run and managed, and many of the case workers and prosecuting attorneys associated with them yield great power with limited skill, education or experience. Many parents facing termination proceedings have complained publicly and privately that they felt that they were “railroaded” by these agencies.

If you or somebody you know is involved in a termination of parental rights case, you should not hesitate to retain legal counsel and to defend your rights aggressively.