parents' rights to care for children are terminated when parents course hero

by Idella Konopelski 9 min read

Both parents automatically have the right to make decisions about the child's education, religion, health care, and other important concerns. However, a court can take these rights away from a parent if either one violates the law or if the father fails to claim paternity. A parent also may voluntarily terminate these rights.

Full Answer

What is the termination of parental rights?

The termination of parental rights is necessary when a parent can no longer care for a child. Termination severs all ties between the child and biological parent, as though the child was never born to the parent. The issue of parental rights termination often arises in adoptions but can occur for other reasons.

Can a child be terminated by a new parent?

The law recognizes that children have a right to have a relationship with their parents. So, the court typically approves voluntary terminations if the child will be with a new parent. However, the court does make an exception if the child is transitioning into the custody of an adoption agency.

Can a parent give up parental rights in an abuse case?

A voluntary decision to give up parental “rights” in an abuse and neglect case may not get rid of parental “obligations” such as the duty to pay child support. A court can require a parent who has given up “rights” to continue to pay child support.

When to file a petition for failure to provide parental duties?

Failure to provide parental duties for at least six months before filing a petition Acts of repeated incapacity, neglect, abuse, or refusal of a parent, causing a child to live without essential care for his physical and mental well-being. An agency finds a child, but the parents don’t claim that child after three months