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How can parental rights be taken away?

Updated: 8/19/2023
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Wvblssing

Lvl 1
15y ago

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Parental Rights can be taken away if DSS files a petition with the court for termination of parental rights or if one of the parents files against the other one who is seeking to have the other parent's rights terminated. Sometimes it is done involuntarily on the part of the parent being served and sometimes a parent may choose to agree to relinquish their rights but the parent wanting to give up their rights can't just go and file for it. As stated, the other parent or DSS has to be the one to file. Each state has different laws on the procedure and grounds to do so. The best thing to do would be to go to Google and type in your state and grounds and procedures for termination of parental rights or go to your state's legislative website and search for the laws, such as the state General Assembly or whoever makes laws in your state. The laws may fall under, Juveniles, Child Welfare, Domestic, Family, Adoptions, etc... Sometimes an adoption must take place in order for the TPR, meaning someone must be willing to adopt the child. In some states, that's not the case, one can be done without it. Some states you have to go to court to do it, in some it's done in front of the Clerk of Court. Some grounds for a TPR include abandonment, no contact for a period of time, no child support for a period of time, failing to establish paternity, abuse, neglect and the list goes on. In some states it is more difficult to get a TPR than in others. Hope this helps.

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Wiki User

15y ago
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Wiki User

8y ago

First, you can get him to sign a termination of parental right. If he refuses, then I would suggest you prove that he is unfit. You can petition friends, family and neighbors who know him and can back up your claim.

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15y ago

Having a biological parent's rights to his or her child terminated is not a simple nor expedient matter. The requesting parent must file suit in the appropriate state court in the county of residence. For a court to terminate parental rights there must be verifiable issues that directly relate to the health, safety, general well-being of the child/children in question. That being the case, the requesting parent must request an independent investigation by the state's child protective services. CPS will investigate and interview all the involved parties including the child/children and make a determination of the situation which will be presented to the court. The not requesting parent (defendant) has the right to contest the action by filing a countersuit.

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13y ago

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

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14y ago

same way as a fathers. see link

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13y ago

Only with a court order.

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Continue Learning about Law

Do you have to sign your rights away?

No, it is your choice whether to sign your parental rights away unless they are taken away by a judge.


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What does basic rights mean?

i think the definition of basic rights is - all people have these rights because they are human beings. Everyone is born with these rights and should not be taken away with out a persons agreement. Every person is born free. The basic rights are the rights that are naturaly entitled to every man and women. Amongst many, there are three that are the most basic and known in America. Life, Liberty, and the Pursuit of Happiness. According to the United States Declaration of Independence, these rights are the most important and should never be taken away.


What rights do teen fathers have in Missouri?

If the father does not request a DNA test, the mother holds all of the parental responsibility and rights. The mother cannot request child support. The father cannot request custody or visitation.


How can you be emancipated if your parents will not sign the forms?

You can't. If you live in a state that requires parental consent for emancipation, the court cannot force a minor's parents to agree to the action. In cases of abuse or neglect the state's division of children's protective services will investigate the charges and if it is found necessary the case will be heard by a judge who will decide what if any action should be taken to remove the parents of their rights to the child. When parental rights are terminated the child is placed in the custody of the state and appointed a guardian or placed in a foster home.

Related questions

Do you have to sign your rights away?

No, it is your choice whether to sign your parental rights away unless they are taken away by a judge.


What do you do if parental rights taken away unfairly?

Consult a lawyer (attorney).


If parental rights are taken away do you still have to pay child support in the state of Maine?

no


Does a child have a right to live with mother after parental rights have been taken away?

No. Not until the child is 18.


What do you lose when you have your parental rights removed from you?

If your parental rights are taken away from you, you lose all contact and say over what that child does. You will not have visitation with the child at all and you cannot make decisions about their school, medical, or religion.


Parental rights taken away and you want them back?

I'm sure the court told you why they were taken away so speak to your lawyer about what you have to do so you can apply to get them back. If you are an addict - go to rehab etc.


How do you adopt my nephew without your sisters approval?

Only if the court has taken her parental rights away or she have given them up to the state, can that happen. Then it's the state that decides who will adopt the child. If she has her parental rights you can not adopt without hers and the fathers consent.


North Carolina parent signing parental rights away?

Can you terminate parental rights if the absent parent is paying suport


Do you still get visitation after you sign away your parental rights?

No. All your parental rights would be terminated including the right to visitations.


If father has nothing to do with children after divorce can you remove parenting rights?

Parental rights is not quite what people think it to be. In order for someone to lose parental rights, they either have to sign them away, or they are taken away by a Judge when the other parent is a very bad, very nasty, horrifying human being. Otherwise, for the rest of your child's life, both parents have rights to their children.


How long does a father have to not see their child before all rights are taken away?

It varies between states, it can be 6 months-1 year but also depends on what reason he has for being absent and if he has paid child support and if not, the reasons for that. Taking away parental rights are not taken lightly.


In Kentucky can you give up your parental rights?

Parental rights can only be taken away in Kentucky if it is proven that the parent is unfit. Child support will still need to be supplied until the kid reaches an age where he could be declared an adult.