For attorneys working in family law, the termination of parental rights remains one of the most profound actions a court can take. It’s a legal process that severs the bond between a parent and their child, extinguishing the rights and responsibilities held by the parent. This article summarizes critical insights from a recent presentation for attorneys by Modern Law’s Kylie Bigelow, who specializes in parental rights, explaining when and how this drastic measure is applied in the legal system.
At the heart of the termination process is a set of statutes that outlines the specific grounds and procedures for severing parental ties. It’s essential to understand that these cases are exclusively handled in juvenile court, highlighting the specialized nature of these proceedings.
A parent’s rights can be terminated on various grounds, but before the court even considers the best interests of the child, these grounds must be proven:
When these efforts repeatedly fail—due to unsafe conditions, non-compliance with court orders, or lack of progress—termination may be considered.
The termination process is initiated by filing a petition, followed by a series of hearings to establish the grounds and consider the child’s best interests. Critical to this process is the role of social studies, which evaluate the child’s living conditions, the parent’s ability to meet their needs, and the proposed plans for the child’s future.
When the severance is contested, Bigelow prefers to see a social study done, ordered by the court. “Then the court will usually schedule a pre-trail conference just to set deadlines for everything, and then, more often than not, they will want the parties to attend mediation.”
It’s not always a successful process, and there have been occasions where the parties agree to some form of an open adoption as an alternative.
The termination of parental rights, while a profound legal measure, is sometimes necessary for the child’s best interest. It is a process marked by legal rigor and emotional complexity, aimed at ensuring the child’s safety and well-being. Following termination, step-parent adoptions represent a hopeful pathway to new beginnings, offering legal solidity and emotional security within a new family structure. Understanding these processes is crucial for anyone involved, highlighting the law’s ultimate focus on fostering the best possible outcomes for children amidst challenging circumstances.