Termination of Parental Rights

Every state has different statutes about termination of parental rights; the topic is emotional and gut-wrenching for all involved. Termination can either be by voluntary or involuntary grounds because the goal is only to provide a child with the best possible chances in life by providing stability and support in the home. Birth parents and biological parents can each face a battle with termination of parental rights, but it is not something ever easy to face.

When deciding if a parent’s right should be terminated, there are many different things to take into consideration. Is there a clear cut amount of evidence that a parent is unfit or is it in the best interest to determine whether or not a parent child relationship is in the child’s best interest? Things like this need to be considered and proven before the relationship is severed, if the child is not safe, things need to drastically change as quickly as possible.

Each states responsibilities when considering cases of child neglect or child endangerment are very different. If a child is in danger from being returned into a home environment, it may be time to enact legal proceedings in order to protect the child’s best interest. Each state has its own guidelines and statutory considerations which will govern the determination, but ultimately the child is the only thing that matters.

The grounds for involuntary termination of parental rights will include things like failing to meet the child’s basic needs and much more. Other important considerations are severe or consistent neglect, abuse of other kids in the house, abandonment, long term mental illness issues and possibly substance abuse and addiction issues as well. A judge will make a determination on what is going to work best for the child and if severance of parental rights needs to be done, he or she will make the decision.

When considering everything there is to raising a child, some people are cut out for the job and others are simply not. The safety and welfare of the child are the only things that matter in the eyes of the courts and termination of parental rights can sometimes be the only viable option to consider when trying to protect a child from an abusive or unhealthy life.

You Are Getting Divorced: What To Do?

When someone makes the heartbreaking decision to get a divorce, the reasons why do not matter so much as making sure the best attorney possible has been retained for the job of legal representation. All too often, a person will misguidedly think that the other party will work with them through certain important issues such as monetary or property division, alimony or child custody.

What happens is that a person will believe the other would not do anything to deliberately hurt them, but in matters of the heart and when getting a divorce, thinking in this way can lead to catastrophe and uncertainty.

If a woman has been a victim of domestic violence of any type during the marriage, it makes the chances of the former spouse being very volatile and angry, when confronted with a request to dissolve the marriage. It is made even worse when child neglect or issues of child custody are brought into the picture. Leaving things up to chance during the breakdown of a marriage and not engaging the services of a high quality attorney is a big risk, one that nobody should be prepared to make.

The emotions and frustration surrounding the issues of divorce or child custody are vicarious and plentiful. There may be issues which give cause for concern and a parent may need to do something drastic in order to protect the minor children. No parent wants to face the breakdown of the family, but the sad reality is that with divorce rates being as they are today, it is a reality many will face.

The decisions you make or fail to make during a divorce will have a direct impact on the outcome of the future you and possibly your children have. Nothing should be taken for granted and the other person should question everything going on in the situation. In order to avoid losing precious visitation or parental rights, it is a good idea to be as well prepared as possible and to seek the advice and representation of a lawyer.

For some people that are lucky enough to not have children and going through an uncontested divorce, it is still advisable to retain the services of an attorney. When going through any type of life change such as a divorce, it is important to leave nothing to question and to address every aspect, before it becomes a major issue in order to make it as easy and ensure it is done in the least stressful way possible.