Parents have fundamental rights and obligations when it comes to the parent-child relationship. Both parents have the natural right to decide their children’s education, religion, health, and other significant issues.
A court has the right to take away the rights of any if either of them breaks the law or if the father fails to prove paternity. A parent can voluntarily terminate these rights. The lawful parent-child relationship is terminated when parental rights are terminated.
Before talking about termination, it’s worth looking at parental rights.
What are Parental Rights?
As the child is born, the biological parents are immediately granted parental rights, which include specific rights and obligations. Parental rights include the following:
- Child custody and visitation
- Inheritance right
- Right to make important decisions about the child
- Paying for child support
- Responsibility for child’s misconduct
Unless a legal move is made, these parental rights will continue until the kid reaches the age of eighteen. These are similar to the rights you get with joint custody of your child.
Why Would a Parent Release their Rights as Parents?
A parent may desire to renounce their parental rights for a variety of reasons. However, even before others can foster a child, the biological parent(s) must first have their parental rights revoked.
Second, if the birth parents do not have a significant or continuing relationship, a birth father could choose to relinquish their rights.
Third, the pregnancy may be unplanned, and one parent may choose to stay away from the child’s life.
A parent’s privileges may also be terminated if they are wedded to some else. Finally, as stated below, parental rights might be revoked by state law.
Parental Rights Termination Without Consent
The termination of parental rights is governed by the laws of each state. The following are the most common causes for involuntary termination:
- Chronic or severe neglect or abuse of the child in care or other children in the household
- Sexual abuse
- Terminal mental illness of the parent(s)
- Long-term substance-induced incapacity of the parent(s)
- Failure to support or contact with the child
A parent’s parental rights can be revoked if they are convicted of certain offenses. The court has the authority to take away a parent’s rights and dissolve the child-parent relationship if they commit a violent offense towards their child or another family member.
Also, if a caregiver is sentenced to prison for a period of time that forces the kid to enter foster care if there are no other options, the parent’s parental rights may be terminated.
Where do you go After Your Parental Rights are Removed?
When a parent’s privileges are terminated, he or she loses the ability to see, talk with, or participate in choices that affect the child’s life. They can’t be held responsible for the behavior of the child, either.
If a birth parent passes away without leaving a will, the kid will be unable to inherit their estate. Therefore, the need to pay pre- or post-secondary child support comes to an end at the same time. However, the parent will very certainly be accountable for past child support payments.
Distinction Between Ending Parental Rights and Emancipation
You’ve likely heard about celebrity child actors who have become emancipated. Popular emancipated minors include Ariel Winter of Modern Family, Drew Barrymore, Alicia Silverstone, Michelle Williams, Taylor Momsen of Gossip Girl, and Macaulay Culkin of Macaulay Culkin.
The difference between terminating parental rights and emancipating a child is that the latter involves the child choosing to cut relations with their parents. It’s like the total opposite of parental termination. The final outcome of both legal systems is the same, notwithstanding their differences.
If you’re thinking about terminating your parental rights or are at the risk of getting them taken away by the courts, you should act quickly to preserve your best interests.