Termination of Parental Rights And Adoption | Modern Legal

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Understanding the Path Ahead in Termination of Parental Rights Proceedings and Adoption

The process of terminating parental rights and pursuing an adoption is not just about legal arguments and posturing – it is about creating a path toward safety and security for a child. Whether the situation involves a voluntary relinquishment of parental rights, seeking an involuntary termination of parental rights due to child welfare concerns, or attempting to pursue an adoption due to the neglect or absence of biological parents, the team at Modern Legal is here to provide guidance through the legal system.

What is a Termination of Parental Rights vs Child Custody Rights?

Termination of parental rights is a legal process that permanently ends the legal relationship between a parent and their child.

A termination of parental rights involves the complete legal removal of a person’s parental rights for a child naturally birthed or legally adopted. Due to constitutional protections of a person’s right to parent, a termination of parental rights is a complicated process. Once completed, a parent whose rights have been terminated no longer has legal influence or rights over a child, including the right to visit or seek custody of the child. Generally once the termination of parental rights is granted, it is permanent and irreversible.

A termination of parental rights should not be confused with child custody rights. In contrast, child custody rights automatically attach at the birth or adoption of a child. Therefore, a biological parent or legally adoptive parent has the right to both physical custody (the right to spend time with the child) and legal custody (the right to make decisions regarding the child’s welfare). At the child’s birth or date of official adoption, each parent has equal custodial rights to the child. If there is a conflict between said parents and no legally enforceable agreement or Court Order, then the parents may engage in a child custody dispute as to how physical custody and legal custody are to be shared through the court system. Even if a parent is granted limited visitation, limited access, or limited decision-making authority over a child, said parent still retains their parental rights through a form of child custody.

Consider seeking guidance from the attorneys at Modern Legal if you are facing a termination of parental rights proceeding or a child custody dispute. When it comes to your child, understanding your rights and responsibilities is critical.

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Legal Grounds for a Termination of Parental Rights

Specific criteria govern when a person can seek the termination of parental rights to protect a child.

Common situations which may call for the termination of parental rights include:

Abandonment: If a parent has willfully deserted the child for at least six months prior the filing of a petition to terminate parental rights. The parent’s comments and actions show no intent to return or provide care for the child.
Abuse or Neglect: When a child has suffered harm or there’s a significant risk of future harm due to the parent’s actions or inaction.
Failure to Support: A parent’s consistent lack of financial support when court-ordered to pay, despite the parent’s ability to do so.

Understanding these grounds is vital when maneuvering through the complexity of parental rights.

Voluntary vs. Involuntary Termination of Parental Rights

To effectuate an adoption amicably, a voluntary termination of parental rights may help.

When grounds exist for the termination of parental rights and adoption, a parent may be able to relinquish their parental rights voluntarily to enable the adoption of their child to adoptive parents better suited to care and parent the child. The decision to voluntarily terminate parental rights should not be taken lightly, as the severing of legal ties will likely be permanent and irreversible.

In comparison, involuntary termination does not involve parental consent and rather involves the Court. Parental rights are constitutional rights; therefore, the Court will have to receive substantial evidence and testimony prior to an involuntarily termination of parental rights for any person.

Please note: if the biological parents or legally adoptive parents are still living, then their parental rights terminate before or during the adoption process. Whether you are considering an adoption of a new child to your family, a voluntary surrender of your parental rights, or you are facing an involuntary termination of your parental rights, being informed empowers you to make decisions that align with your unique situation.

The Role of the Court

The Court plays a pivotal role in termination of parental rights and adoption proceedings.

The Court’s involvement is essential when balancing constitutionally protected parental rights and legal protections for a child. You’ll find the Court involved at various stages:

Legal Procedures: The Court is bound by specific timelines and procedures to ensure that a termination proceeding and adoption process do not negatively affect the child’s welfare.
Hearing Testimony and Receiving Evidence: The parents, adoptive parents, attorneys, and advocates for the child will be given the opportunity to present testimony and evidence the Court will consider.
Assessing Child Welfare and Issuing Rulings: Based on legal requirements of adoption, constitutionally protected parental rights, and the child’s welfare, the Court will make final decisions when it comes to legally altering family relationships.

Ready to learn more? Check out these resources.

Termination of parental rights (TPR) is a legal action that permanently ends the legal relationship between a parent and child. Whether initiated by a parent, guardian, or agency, a TPR proceeding can have lasting and permanent consequences for all parties involved.

A termination of parental rights involves the complete legal removal of a person’s parental rights for a child naturally birthed or legally adopted. Due to constitutional protections of a person’s right to parent, a termination of parental rights is a complicated process. Once completed, a parent essentially has no more influence or rights over a child than a random third party. A person whose rights have been terminated no longer has the right to visitation or custody of the child, not even a phone call. Generally once the termination is granted, it is permanent and irreversible.

North Carolina requires that a specific ground for termination exist in the Adjudication phase of the legal proceedings, prior to proceeding with a TPR. Said grounds include: abuse or neglect of the child, abandonment, failure to pay court-ordered child support without justification for a period of one year or more, and more.

Yes, but only under specific circumstances. A parent cannot simply “sign away” their parental rights and responsibilities unless the court finds that the child’s needs will be appropriately addressed by other individuals, such as in connection with adoption proceedings.

No. Once parental rights are terminated, the decision is permanent and irrevocable, except in rare cases of procedural error or appeal.

A lawyer is technically not required, but is often involved, to represent the interests of the petitioner. A person who is petitioning for a TPR has a lot of hurdles to overcome to obtain said legal relief, including the other parent’s constitutional rights to parent. The respondent is entitled to an attorney, which may be court appointed, since their constitutional rights are being impacted. Finally, a guardian ad litem/attorney will be appointed to represent the child and their interests.

Download Termination of Parental Rights FAQ – English Download Termination of Parental Rights FAQ – Spanish

Adoption is a process that creates a permanent legal relationship between a child and their adoptive parents. In North Carolina, adoption can take many forms, including agency adoption, foster care adoption, relative adoption, and independent adoption. Wherever you are on your adoption journey, this FAQ provides information to help you understand the process, legal steps, and available support.

Common types of adoption include public or private agency adoptions, foster care adoption, relative or kinship adoption, independent or private adoption, stepparent adoption, and more.

The adoption process typically includes filing a petition for adoption contemporaneously with a termination of parental rights proceeding (by consent or by court order), a home study, and confirmation of the adoption being in the child’s best interests. Thereafter, a court order will result that can be utilized to adjust the child’s birth certificate.

Yes, terminating the parental rights of a biological parent is a necessary step before a child can be legally adopted by another person that will step in as a parent.

No, once the adoption is finalized, it is permanent and irrevocable.

Adoptive parents have the same legal rights and responsibilities as biological parents, including custody, decision-making, and inheritance rights.

While not legally required in all cases, having an attorney is strongly recommended, especially for private or independent adoptions, contested cases involving a termination of parental rights, and to ensure all legal documents and procedures are properly handled. An experienced family law attorney can help you navigate the process, protect your rights, and avoid delays and complications.

Download Adoption FAQ – English Download Adoption FAQ – Spanish

Constitutionally Protected Rights of Birth Parents

As a birth parent, you have protected legal rights that take priority.

Being a biological parent brings along with it the constitutionally protected right to the care, custody, and control of your child as you deem fit. It is a constitutionally protected right. In order to go against what a parent wishes, a non-parent third party has a very high burden to overcome when attempting to adopt, obtain physical custody, or assert decision-making authority over a child. This is referred to as the “Peterson Presumption.”

However, once parental rights are terminated voluntarily or by Court Order, your legal connection to your child ends and your constitutionally protected parental rights cease. If you are facing a challenge to your parental rights, it is imperative to engage in the legal process and seek professional guidance to protect your rights.

Prioritizing the Child’s Welfare and Your Peace of Mind

With Modern Legal, our team supports you every step of the way through the complex process of terminating parental rights and adoption. Our attorneys will help you understand the legal grounds for a termination of parental rights and adoption, whether it is a voluntary choice or an involuntary necessity. Clarity for your legal situation and your peace of mind are our priority.

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