SKILLED IN PARENTAL RIGHTS CASES
When a baby is born, parental rights are automatically granted to the mother. Parental rights may also be granted to the father if the parents are married at the time of child’s birth, or in the event that the parents both sign a voluntary acknowledgment of paternity form. Parental rights can also be afforded to a father by the court.
While most parents want to preserve their parental rights, there are cases in which parents will voluntarily terminate their parental rights, or in which the courts will terminate the rights of a parent involuntarily. If you have questions about the termination of parental rights in Ohio, our family law attorneys at the law firm of Groth & Associates can help. Please reach out to us today to learn more about your rights and the law.
For a legal consultation with a terminal parental rights lawyer serving Toledo, call (419) 930-3030
WHAT ARE PARENTAL RIGHTS?
Parental rights refer to the rights of each parent in relation to their child. These rights include the right to spend physical time with the child, as well as the right to make legal decisions pertaining to the child’s needs and interests, such as where the child will go to school, the religion that the child will be raised, etc. Parental rights also pertain to the rights of each parent to petition for parenting time and legal decision-making responsibility related to the child in the event of a separation or divorce.
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WHAT DOES IT MEAN TO TERMINATE PARENTAL RIGHTS?
The termination of parental rights does not merely mean that one parent has fewer opportunities to spend time with the child (i.e. one parent is awarded more parenting time as the result of a divorce settlement); instead, the termination of parental rights means that all parental rights, including both parenting time and legal decision-making powers, as well as the right to seek either, are terminated. Parental rights can be voluntarily terminated or involuntarily terminated by a court.
VOLUNTARY TERMINATION OF PARENTAL RIGHTS
Parents maintain the right to forfeit their parental rights. A parent may choose to forfeit their parental rights if they believe that they are no longer fit to parent. The most common example of parents signing over their parental rights is in the event of adoption. In the event of adoption in Ohio, both parents must sign forfeiting their parenting rights (the exception to this is in the event that the parental rights of a father–i.e. paternity–have not been established).
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INVOLUNTARY TERMINATION OF PARENTAL RIGHTS
While parents can voluntarily terminate their parental rights, doing so is not common except for, as stated, in the case of adoption. There are cases, however, when a court may determine to terminate a parent’s rights without the consent of the parent. According to childwelfare.gov, circumstances that are grounds for termination of parental rights in Ohio include:
- Abandonment of the child;
- The child is orphaned;
- The child has been in out-of-home care for 12 months or more of a consecutive 22-month period and the child cannot be placed with or should not be placed with either of the child’s parents;
- The parent(s) has/have continually failed to repair any condition that is leading to the child being placed outside of the home;
- The parent is unable to care for the child due to chronic mental illness, mental or physical disability, or chemical dependency;
- The parent is guilty of neglecting or abusing the child;
- The parent has been convicted of certain criminal offenses, including rape, murder, sexual assault, or manslaughter;
- The parent has intentionally and purposely withheld medical treatment or food; or
- The parent is incarcerated for a period of at least 18 months.
There may be special circumstances outside of those listed above that lead to the court to consider the termination of a parent’s rights.
RIGHTS OF PARENTS IN A TERMINATION OF PARENTAL RIGHTS CASE
The court process for the termination of a parent’s rights varies depending on whether or not the termination is voluntary or involuntary. In either case, though, the parent has the right to be informed of the case against them (in involuntary cases of termination of parental rights, the state agency involved in the care of the child typically asks the court to terminate parental rights). Parents must be given notice of the case against them, and also have an opportunity to present any evidence in support of their case. If you are a parent who has had a case to terminate your parental rights brought against you, our lawyers can help.
We also support parents who want to voluntarily terminate their parental rights, such as in the case of adoption.
WHY YOU NEED A SKILLED FAMILY LAW ATTORNEY
Whenever you are dealing with a legal matter, especially one that will have a significant impact on your future, it’s strongly recommended to partner with a skilled attorney. In the event that losing parental rights is involved, having a skilled legal advocate on your side is even more important. An attorney can help you to understand the law, will work with you to develop your case and protect your interests, and will represent you in court.
CALL GROTH & ASSOCIATES TODAY
We know how challenging it can be to voluntarily give up your parental rights or to learn that a case has been brought against you to involuntarily take away your parental rights. Our lawyers want to help. Our attorneys have decades’ worth of combined legal experience, stay abreast of changes in family law, and have a relationship with the family courts and judges in our state. We are also passionate about the work that we do and believe in providing our clients with the highest-quality legal services possible. If you have questions about your rights, our lawyers can help.
To learn more about our termination of parental rights law firm and our legal services, please call us directly today or send us a message requesting more information.
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