How to Win a Termination of Parental Rights Case 

Overview

How to win a termination of parental rights case necessitates taking extreme measures, such as taking away a person’s parental rights. Requesting that the other parent’s parental rights be terminated for your kid is a tough but occasionally necessary decision. The most frequent grounds for terminating parental rights, the process for doing so, and some advice on how to succeed in a termination of parental rights case will all be covered in the article that follows.

What Is a Case of Parental Rights Termination?

A court-mandated break in the parent-child relationship between a child and one or both of its parents is known as parental rights termination. This effectively means that the parent who is terminating the child’s visitation has no legal rights whatsoever.

How to Handle Your Case of Parental Rights Termination


You may be concerned about your termination of parental rights case. Parental rights termination is a serious issue. As a result, you ought to have legal representation for the duration of your lawsuit. If the DCPP has informed you that it intends to terminate your parental rights but you disagree, you should consider your options with a lawyer.

Who Is Eligible to File a Termination?

Parental rights may be terminated at the request of either parent. It’s not easy because filing requires you to comply with legal standards. You can submit a removal of parental liberties case if you are or are not the child’s parent if:

You’re an individual whom a court has directed to go to the child; You’re the individual arguing to be the physiological father; DFPS set the child in your residence just 12 months earlier than you filed your termination case; You’re ability to adopt the parents who had been granted standing; Grandparent, great-grandparent, aunt, uncle, niece, or niece of the child;

Both the parents of the child had died; The parents, staying alive parent, or handling the conservator agree that there is an important risk that the child’s present situations will damage their physical health or mental development;

The child has gone in your control, control, or control for at least six months, finishing no more than 90 days before you file a removal of parental privileges case with the court; a statement of submission or written permission for acceptance designates you as the handling conservator of the child; and You file the termination case, you and the child the parent, guardian, or conservators have lived together for at least six a period and there has endured no death of either.

When to File for Termination of Parental Rights

Parental rights can usually be revoked either before or after a child is born. However, the timing of the filing is generally determined and frequently shortened by the reason a party asks a judge to consider removing parental rights.

As an illustration: A man must file a mistaken paternity case within two years of learning or getting reason to think he is not the kid’s father; Foster parents with the custody of a child for a period of no less than twelve months must file a termination of custody case not more than 90 days after their possession ends; and a termination case may be filed no later than six months after a parent ceases to provide support for a child after the parent has failed to do so for a year.

Justifications for Abandoning Parental Rights

When the parental rights are to be terminated, the following significant cases necessitate legal action:

Child abuse or neglect:

If a parent is charged with severe abuse or neglect, their parental rights may be revoked. Failure to pay child support: A parent with custody may terminate the rights of the other parent who does not pay child support by a court order or divorce agreement.
• Departing from a foster child for longer than a year: Parental rights may be terminated if a child is taken from their parent’s home or placed in foster care for more than a year without proof that the issues that caused the removal have been resolved.
• Paternity is not established: If an unmarried father does not establish paternity, legalize the child through a petition or marriage, or provide for the child’s and mother’s financial needs, he may lose his parental rights. However, if you’re wondering how to block parental rights from being terminated, there could be anything you can do.
• Dependency: A parent may lose their parental rights if they are unable to care for or supervise their child, in which case the youngster is referred to as a “dependent juvenile.” Parents who are unable to parent properly because of mental illness or addiction may fall into this category.
• Abandonment: Parental rights may be revoked for parents who fail to provide for their child for longer than six months (or an infant for longer than sixty days). Abandonment is the act of relinquishing parental responsibilities and rights. It involves more than just carelessness.
• Committing a serious felony: If you are found guilty of several violent felonies, you may lose your parental rights. Any form of violence is included, including killing, attempting to kill, or abusing a kid who belongs to the other parent or another child residing in the house.

How to React in Cases of Parental Rights Termination

You might be wondering how to challenge the termination of parental rights if you find yourself in this circumstance. The actions consist of:

Go over the documents:

Examine the documents submitted by the other parent. Don’t worry—no orders have been issued by the judge yet. All these documents do is list the requests made by the other parent and the date of the hearing.

Complete the response:

It will be necessary for you to file an answer in response to the petition. This will indicate your agreement or disagreement with the petition to the judge and another parent.

File the response:

Next, you need to submit your response to the family court. The average fee to file your answer is $220, and credit or debit cards are commonly accepted as payment. You can ask the court to waive the filing cost if you are unable to pay it.

Serve the answer:

After you’ve finished the above procedures, you need to provide a copy of your answer to the petitioner who brought the action against you.

Attend the hearing.

The court date is on the notice of hearing. Make sure you show up.

Six Pointers to Help You how to Win a Termination of Parental Rights Case

Readjusting to the loss of parental rights can be a turbulent and difficult emotional journey. It’s important to remember, though, that these kinds of situations can be reversed in the right situations. Knowing how to approach this scenario in the best possible way might greatly improve your chances of regaining your rights. We’ll go over five essential strategies in this article to help you prevail in a case involving the termination of parental rights.

Determine what went wrong

In the best interests of the kid, judges must intervene. You can work out what needs to happen to overturn the judge’s ruling by evaluating the possible contributing elements. Talk to your attorney about whether you can benefit from parenting courses or drug treatment centers. Repair your house if you need to.

Get legal advice

If you wish to regain custody of your kids, you will require the assistance of a skilled family law attorney.

Examine backup plans

Determine whether any more steps are required for the return of custody. For example, you might have to go to mediation, drug or alcohol treatment, or counseling.

Make an assessment request

Once you have retained legal counsel and fulfilled all court-mandated requirements, you should request an in-home evaluation for child custody from the judge. If the court gets a current appraisal of your house, it can assist you regain custody.

Comply with judicial directives

It is in your best interest to heed the court’s orders. Keep all scheduled meetings with the court-appointed mediator and your child’s guardian ad litem (the person who represents the child’s interests) and attend all hearings. Observe the court-imposed schedule. If you are required to perform visits in a specific location and/or under supervision, make sure you comply.

Exercise patience and obedience

While you wait for how-to win a termination of parental rights case agreement to be reevaluated, make sure you make the most of your rights to visiting and parenting time. When you are with the youngster, keep your viewpoint instead of disagreeing with their existing caregiver. Refrain from making things worse.

Summary of how to win a termination of parental rights case

Managing instances involving the loss of parental rights is a difficult and emotionally taxing procedure. For the optimal result, you must comprehend the legal nuances involved, whether you are initiating or responding to this issue. It’s critical to keep in mind that the child’s best interest principle serves as the primary guiding in these situations. As a result, winning the lawsuit may depend on making the required changes. Hiring a qualified legal expert can also make a big difference in how well you navigate these waters. It is possible to handle termination of parental rights situations successfully if you have the necessary knowledge, support, and unwavering dedication to your child’s wellbeing.

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