TERMINATION OF PARENTAL RIGHTS
A Nevada court can terminate the rights of a parent relating to their child. The best interests of the child is always the court’s primary consideration. In a Termination of Parental Rights case, the best interest of the child is examined in conjunction with a finding of parental fault, neglect, or abandonment. In cases where abuse, neglect, or abandonment occurs, one parent or a state agency may bring a motion to terminate the other parent’s parental rights. Bringing a motion does not always mean success as the court has to consider the best interest of the child and the rights of both parents. Understanding your rights and responsibilities can make a difference in knowing how and if to file a Petition to Terminate Parental Rights and how to respond if a Petition to Terminate Parental Rights is filed against you.
Grounds For Termination
Reasons to terminate a parent’s rights revolve around the principle that that parent has engaged in acts or omissions that indicate the parent is unsuitable to continue their role in their child’s life. To win a termination of parental rights case it is necessary to show that the other parent is not supporting the child and not communicating with the child or that they have harmed the child. Termination of one parent’s parental rights with an absentee parent will enable the child to be adopted.
As stated above lack of contact and/or parental fault are the normal reasons and requirements for termination. Some instances are described below:
- Abandoned the child
- Demonstrated unfitness as a parent
- Sexually assaulted the child’s other parent, resulting in the child’s conception
- Neglected the child
- Risk of serious physical, mental, or emotional injury to the child
- Failed in “parental adjustment” efforts to obtain the return of their children
A parent can also lose parental rights due to injury or harm he or she causes to the child. Injury to a child is defined as follows:
Injury to a child’s health or welfare occurs when the parent, guardian, or custodian:
- Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;
- Commits or allows to be committed against the child, sexual abuse.
- Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he or she is financially able to do so or has been offered financial or other reasonable means to do so;
Should You Contact a Parental Right’s Nevada Family Law Attorney?
Terminating the other parents’ rights is an important decision impacting your child. If you are the parent trying to decide if you should ask the court to terminate the other parents’ rights or if you are a parent who has had a termination filed against you Jacovino Law will guide you through the process and work to help you achieve your objectives and will work toward the outcome that is truly in the best interests of the child. Contact us at (702) 776-7179 or schedule a consultation online at https://jacovinolaw.com/schedule-a-consultation/.