Termination of Parental Rights (TPR)
Termination of parental rights can be either voluntary or involuntary and ends the legal parent-child relationship. It is a permanent order that completely severs the legal parent-child relationship when the court finds one or both parents to be unfit, or when one or both parents consent to giving up their parental rights voluntarily.
The most common statutory grounds for determining parental unfitness:
- Abandonment of the child
- Sexual, physical or emotional abuse
- Substance abuse
- Domestic violence in the home
- Unaddressed mental illness concerns
- Neglect resulting in physical or emotional trauma
- Failure to support or maintain contact with the child
- Long term incarceration
- Failure to timely complete a court mandated case plan in a dependency case in juvenile court
Once this relationship has been terminated, the child is legally free to be placed for adoption. A petition to terminate a parent’s rights can be filed in superior court or in juvenile court as part of an underlying dependency action. Terminating parental rights is a permanent decision with far-reaching consequences; as such, it’s a decision that carries a high burden of proof. Whether you are a parent fighting a Petition to Terminate Parental Rights or a prospective adoptive parent seeking to file for TPR, you will need an experienced attorney to assist you. The Law Offices of Erica Wilson has litigated dozens of TPR petitions and our expertise can help protect the future well-being of your family.