Parental Rights Two of the primary aspects of parenthood are the right for parents to raise their children and their responsibility to support their children. However, every family is unique; which is why these rights and responsibilities can be difficult to determine.
Family courts assume that a child’s best interests are served when they can be cared for and accessed by both of their biological parents. This is why the law prefers custody solutions that include access to the children for both parents. There are times, however, when parental rights can be terminated. Here is everything you need to know about the termination of parental rights:
What is Termination of Parental Rights?
This simply means that the rights as a parent will be taken away permanently and the parent will not be considered a legal parent of the child. The terms of termination of parental rights include:
- The parent-child relationship will end.
- The parent no longer pays child support.
- The parent will no longer be included on the child’s birth certificate
- The parent won’t have a say in an adoption of the child.
- The parent will have no input on how the child is raised.
- The parent will no longer have the right to talk to or visit the child.
Reasons for Termination of Parental Rights
- Total Abandonment: This is when a parent hasn’t shown any efforts to contact the child, provide any emotional or financial support for a minimum of 6 months, without any valid reason for this behavior.
- Parent has Neglected Their Responsibilities: The parent hasn’t considered their child’s needs, such as providing food, shelter, medical care, or education.
- Injury Risk: If the parent is abusive and the child can be a potential target under their care. These injuries can include physical, emotional, and mental.
- Sexual Assault: If the parent was an assaulter and the child was conceived as a result of this assault, their rights can be terminated.
- Unfit Parent: The parent can’t or won’t provide care, guidance, and support to their child.
Step Parents and Termination of Parental Rights
Terminating someone’s parental rights can be extremely challenging, especially when you don’t have a stepparent in the equation to take on the responsibility. If the biological parent doesn’t offer care or financial support for more than five years, the other parent can claim that the child is abandoned. In a case when there’s no step-parent involved, the parent can then designate a third party as the guardian in their estate planning. If anything were to happen to the parent, then the guardian would automatically take custody.
Looking for a family attorney or divorce lawyer in Reno? Let Anderson Kuescher, LLC be your go-to for all the most challenging and complicated Nevada family law matters. Our lawyers have years of experience dealing with divorce, property distribution, termination of parental rights, child support, child custody, and legal adoption cases. To hear more from divorce attorney Jessica Anderson, listen to her radio show, Love Court, which you can also find on YouTube. Or get in touch with us at 775 406 0305 to discuss your case today!
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