While losing parental rights in Chattanooga may seem like an extreme measure for your family court proceedings and case, it may be a necessary step in the right direction for your child. If your former spouse has a demonstrated history of abuse or neglect with your child, having that child raised or in an environment with that person is understandably not what you wish. To fight for your rights and your child’s development in a safe and healthy household, contact a lawyer who can advocate for you and your child.
Termination of Parental Rights is governed by T.C.A. 36-1-113. Most commonly, parental rights are terminated because a parent has abandoned the child as defined in T.C.A. 36-1-102. There are also other way to terminate a parent’s rights, but they are limited because of each’s parents Constitutional right to parent their child. This is a serious matter and any person considering this route should speak to an experienced attorney.
A common scenario where a parent is granted visitation rights and not custody of a child is in the cases of stepparent and grandparent visitation cases. A stepparent or grandparent is not going to have the same decision-making rights that a biological parent would have.
Another scenario might be if one parent is the sole custodian. In other words, that parent is the sole decision-maker. That happens on a case-by-case basis, but there is a preference for a court to issue a parenting schedule where the parties are joint custodians.
A parent might be denied visitation rights and custody of a child based on dependency and neglect. If a child is not being provided with the appropriate food, shelter, clothing, and other basic necessities, then the child is determined to be dependent and neglected in the parent’s care. Dependency and neglect is defined in T.C.A. 37-1-102 and exclusively handled by the Juvenile Court.
Occasionally, a court orders that parent to not be able to visit with the child or to visit with the child on a limited or a supervised basis. In order to strip a parent of their ability to see their child, there has to be some sort of issue of safety issue. Denials of parenting rights in Chattanooga comes with a high burden of proof which is why concerned parents should leave nothing to chance and work with a family law attorney.
A parent looking to obtain visitation rights should contact a Chattanooga visitation rights attorney the second that this becomes an issue. They should make sure that their rights are protected because sometimes these cases can become a big problem in a hurry. If they have any question about whether or not their visitation rights to see their child, stepchild, or grandchild becomes an issue, they should be reaching out to a lawyer.
Having concerns over a former partner’s ability to raise your child is normal, but especially if there is a history of neglect or abuse. No child should have to live in a home or stay in a situation where their basic human needs are not met or are blatantly ignored. To better increase your odds of obtaining custody of your child, choose to work with an attorney who can draft a claim against a negligent party. While losing parental rights in Chattanooga may be extreme, it may be the only way that your child is raised in a safe and healthy environment.
By: Aimee R.
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