Termination of Parental Rights

Termination of parental rights can occur when a parent has not fulfilled his/her obligations to his/her child. It is usually the first step toward the process of adoption. Termination of parental rights is governed by statute. There must be grounds to terminate, and only one ground is necessary. There must also be a finding that the termination of a parent’s rights is in the best interest of the child. Certain factors are set forth in the statute to be considered in determining what is in the best interest of a child.

Termination proceedings may be brought by a parent against the other parent depending on the circumstances, or a relative or third party with custody rights, or the state. A parent can only terminate the other parent’s parental rights under very limited circumstances. The most common termination proceedings are brought by a step-parent or relatives such as grandparents who wish to terminate the parental rights of parents so that the step-parent or relative can adopt the child or children.

Termination of parental rights is a very serious matter for the courts because it is in essence the ending of any parental rights or relationship a parent may have with his/her child or children. Because of a parent’s constitutional rights to have the care and custody of his/her child, there is a heightened burden of proof on the party bringing the termination proceedings. Once grounds are determined to exist by the court, there must still be a determination that the termination is in the best interest of the child.