The termination of parental rights is a serious matter, one not taken lightly by New Jersey courts. To learn more about why a parent’s rights may be terminated, continue reading and speak with a knowledgeable Sparta, NJ children & parenting issues attorney today.
Why Would a Parent’s Rights Be Terminated in NJ?
There are several valid grounds for terminating a parent’s rights. New Jersey family law is designed to protect the well-being and safety of children above all else. In general, the court can terminate a parent’s rights when it is determined that the child will benefit from it more than be hurt by it.
Below are the legally acceptable reasons that a court would sever the relationship between a parent and their child.
- The best interests of the child: In general, family courts have the responsibility to make decisions that are in the best interest of the children involved. If the parent has harmed the child, is likely to continue to harm the child, is unable or unwilling to provide the child with a safe and permanent home, the child would suffer emotional damage if separated from their current caretakers, etc., it may be in the child’s best interest to terminate the relationship.
- Failure to cooperate: When a parent has a history of issues, the DCPP (Division of Child Protection and Permanency) may have offered services for substance abuse, psychological problems, or parenting practices. If the DCPP has offered all required options but the parent fails to cooperate or complete the services, the court could terminate the parent’s rights.
- Abandonment: When there is evidence of abandonment for six months or more, parental rights may be terminated. Abandonment can be proven by the DCPP failing to identify or locate the parent after reasonable attempts, or if the parent has had no contact with the child, the child’s caretakers, or the DCPP without good reason.
- Criminal conviction: Certain criminal convictions or guilty pleas can result in the termination of parental rights. Applicable crimes include abuse, abandonment, neglect, or cruelty to a child.
- Court findings: Parental rights can also be terminated upon other court findings relevant to the situation. If the court finds that the parent has committed or attempted to commit in any capacity murder, manslaughter, assault, or any other serious act that could have resulted in the death or serious bodily injury of their child(ren), the parent’s ties to the child can be severed.
Can a Parent Voluntarily Give Up Their Rights?
Yes, it is possible for a parent to voluntarily relinquish their parental rights in New Jersey. However, it is important to understand that this is a very serious decision that comes with significant legal consequences.
Voluntary termination of parental rights is done almost exclusively for the purpose of adoption. For example, if a child’s foster parent or stepparent wants to formally adopt them, a parent may choose to forfeit their rights to allow the legal process to continue. A child can only have two legal parents, so in order for the adoption to proceed, it may be necessary to terminate one parent’s rights.
To learn more about the termination process, reach out to an experienced family lawyer today.