Terminating
Parental Rights FAQs
1.
Some men must feel pretty upset if they find out they're not
the biological
father. Don't they have a right to terminate their obligations
to the child?
Courts
want to protect children, so they generally stay away from disrupting
the parent-child relationship, even if there is no biological
basis. The courts justify their refusal to terminate the father's
relationship because of the same factors that allowed them to
establish his legal status a father in the first place. Essentially,
if he acted like a father, helped support and raise the child,
then he's the child's father, at least until the child is emancipated,
meaning, no longer legally entitled to support because of turning
18, or in some states, turning 21 or even 23. It's hard on the
adult, but courts believe it's even harder on a child to lose
a parent.
2. What if
the mother wants to terminate the father's relationship with
the child?
The courts
don't want that to happen unless and until another adult is ready,
willing, and able to provide the love and support the child is
entitled to receive. In some cases where both parents agree,
the child's legal relationship with one or both parents is terminated
to make the child legally available for adoption. Sometimes the
parent-child relationship is terminated against the will of the
parents. That could happen in cases of child abuse and neglect.
Even if there aren't any adoptive parents, the state sometimes
terminates the abusive parents' rights or because they've abandoned
the child..
3. What you're
saying is anyone can become a father, even if they're not related
to the child, and if that happens, they get the same rights to
spend time with the child, and only the court change those rights.
You're also telling me mothers can lose their children if they
abuse or neglect them.
That's
right, although the states try hard to keep children with their
parents and offer financial and social services to help families
in need, but some people just can't handle being parents. They
can voluntarily give up the children. Some people allow relatives
to raise their children. Those relatives sometimes become court
appointed guardians of those children. The courts sometimes make
appointments on a temporary basis. That gives a single mother
time to get her back on her feet.
4. Why would
a relative become a child's guardian?
Many public
schools will not enroll a child unless the child is living with
a parent or legal guardian. Even if the child is a preschooler,
it's important to give the relative authority to seek medical
treatment, apply for a passport and secure other services for
the child.
5. What happens
if the temporary guardians get attached to the children and won't
return them to the mother or father?
Those are
hard cases, but the courts would conduct a trial. Again, depending
on the state, the parents would probably have to be found "unfit" before
their rights were terminated. That's not easy to prove. If they
lost custody, the guardians might be able to ask the court to
grant them visitation, but if the parents fight hard, they could
block visitation.