The termination of a parent’s rights to their child is a legal action with significant consequences. The act permanently severs a parent’s legal relationship with their child. Understanding what is involved in the process of terminating parental rights is important for any parent in New York. To learn more and secure skilled legal representation, reach out to a knowledgeable Suffolk County family law attorney and set up your free consultation today.
Why Would a Parent’s Rights Be Terminated?
There are several ways that a parent’s rights can be terminated. If the parent or child dies, the legal tie is immediately severed. Additionally, the parent could sign their own rights away if they choose to do so.
Otherwise, only a New York court can terminate a parent’s rights after reviewing evidence supporting one of the several valid reasons for termination. Under New York law, the grounds for termination of a parent’s rights include the following.
- Abandonment: The parent has failed to visit or maintain contact with the child for at least the past 6 months
- Permanent neglect: The parent has failed to maintain contact with the child and plan for the future of the child for at least the past 12 months
- Mental illness: The parent has a mental illness that prevents them from caring for the child
- Intellectual disability: The parent has an intellectual disability (formerly referred to as mental retardation) that prevents them from providing proper and adequare care for the child
- Severe and repeated abuse: The parent has subjected the child to serious harm in a substantial and/or persistent manner
If there is ample evidence suggesting that one of the above grounds is true, the court can choose to terminate a parent’s rights to their child.
What is Involved in Terminating Parental Rights in NY?
The legal process of terminating parental rights can be complex, but it is generally initiated when a petition is filed by a foster care agency, the Administration for Children’s Services, or the other parent. The petition formally requests that the court terminate the parent’s rights.
Once the petition is filed, the document, along with a summons, must be served upon the respondent parent to inform them of the legal action. A fact-finding hearing will then be scheduled.
The fact-finding hearing is where the petitioner presents evidence to prove the grounds for termination. The parent being served has the right to contest the allegations against them and present their own argument and evidence. The judge will determine whether there is enough evidence to demonstrate any of the valid grounds.
If one or more grounds are identified, a dispositional hearing will be scheduled to evaluate what is in the best interest of the child. They can either dismiss the petition, suspend judgment for up to a year, or decide to terminate the parent’s rights.
If you have questions about the termination of parental rights, work with a skilled family lawyer for more information and representation.
