Terminating Parental Rights in Red Bank

Terminating parental rights is the legal separation or termination of the relationship between a parent and their child and it is a serious legal matter. If the court terminates rights, the person will lose the legal right to see or parent their child. Individuals may look into ending a parent’s rights to the child for various reasons, including the adoption of a child by a spouse.

There are also instances where one of the child’s guardians may request an involuntary termination of rights if it is in the child’s best interest. Schedule a meeting with a knowledgeable child custody attorney to learn more about terminating parental rights in Red Bank.

Reasons a Guardian May Request to Terminate a Parent’s Rights

The individual who files the petition to end parental rights must provide clear and convincing evidence that grounds for terminating parental rights in Red Bank exist. They must satisfy the court by showing that ending the relationship is in the child’s best interest. Some of the most common reasons a parent or guardian can legally petition the family court include the following:

  • Child neglect or abuse
  • Failing to support or contact the child for six months or longer
  • Incarceration for a violent crime
  • Sexual abuse
  • Continuing history of substance abuse
  • Token efforts or making minimal effort to see or financially support the child

The court may also grant the petition for the abandonment of the child. An experienced Red Bank attorney could answer questions about how to terminate parental rights during an initial consultation.

What Does the Court Consider Abandonment of a Child?

When a parent or legal guardian deserts a child without regard for their safety, welfare, or physical health, a court may determine they are guilty of child abandonment. When a parent fails to engage with their child or make child support payments, the court may also consider it abandonment.

With incarceration, the court will consider whether the parent engaged with their child and made child support payments for a minimum of four months before imprisonment. While in most cases, child abandonment involves physical abandonment, some cases involve emotional support over long periods.

Termination of Parental or Guardianship Rights

There are specific steps a child’s guardian must take to begin the process of terminating parental rights. According to the Tennessee Code § 36-1-113, the parent or prospective adoptive parents must file a petition with the family court.

The petitioner will need to establish that the parent failed to assume legal financial and physical custody of the child and poses a significant risk to the minor. The case must further show that placing the child in the parent’s custody would potentially cause the minor severe harm.

Voluntary Termination of Parental Rights

There are also cases where a parent or guardian may choose to terminate their parental rights for the child’s best interest. The individual may struggle financially or mentally and know they cannot provide the care the child needs and deserves. Voluntary termination of parental rights in Red Bank still requires filing a petition and a strong understanding of the family court system.

Speak with an Attorney in Red Bank About Terminating Parental Rights

Family law cases are complex and challenging to navigate without experience. Handling a court case and legal filings alone is not a good idea.

Whether you are the petitioner or the parent facing termination of your parental rights, speaking with a skilled legal professional is wise. Call soon to schedule a consultation with a seasoned lawyer to learn more about the process of terminating parental rights in Red Bank.

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