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How doea termination of parental rights work

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how doea termination of parental rights work
Submitted: 1 year ago.Category: Family Law
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9/7/2016
Family Lawyer: RayAnswers, Lawyer replied 1 year ago
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Here a court and a judge can terminate parental rights.This ends the relationship legally.Once this is done there is no longer a legal duty for the parent to support the child or anything else related to the child.This is usually done as part of a step parent father adopting the child after termination of rights.

The other situation where this occurs is if the child has been abused or neglected and both parents rights are terminated and the child is then placed for adoption with a foster parent or adoptive family.The courts generally only allow termination where other parent is in agreement or there is a new set of adoptive parents or father and termination is in the best interests of the child.

I appreciate the chance to help you today.Thanks again.

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Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Louisiana law for reference on termination of parental rights.

Art. 1004. Petition for termination of parental rights; authorization to file

A. At any time, including in any hearing in a child in need of care proceeding, thecourt on its own motion may order the filing of a petition on any ground authorized byArticle 1015.

B. Counsel appointed for the child pursuant to Article 607 may petition for thetermination of parental rights of the parent of the child if the petition alleges a groundauthorized by Article 1015(4), (5), or (6) and, although eighteen months have elapsed sincethe date of the child's adjudication as a child in need of care, no petition has been filed by thedistrict attorney or the department.

C. The district attorney may petition for the termination of parental rights of theparent of the child on any ground authorized by Article 1015.

D. The department may petition for the termination of parental rights of the parentof the child when any of the following apply:

(1) The child has been subjected to abuse or neglect after the child is returned to theparent's care and custody while under department supervision, and termination is authorizedby Article 1015(3)(j).

(2) The parent's parental rights to one or more of the child's siblings have beenterminated due to neglect or abuse and prior attempts to rehabilitate the parent have beenunsuccessful, and termination is authorized by Article 1015(3)(k).

(3) The child has been abandoned and termination is authorized by Article 1015(4).

(4) The child has been placed in the custody of the state and termination isauthorized by Article 1015(5).

(5) The child is in foster care because the parent is incarcerated and termination isauthorized by Article 1015(6).

E. When termination is authorized by Article 1015, other than on the groundsspecified by Paragraph D of this Article, by special appointment, the district attorney maydesignate counsel for the department as a special assistant authorized to act in his stead inall such termination actions or in a particular case.

F. By special appointment for a particular case, the court or the district attorney maydesignate private counsel authorized to petition for the termination of parental rights of theparent of the child on the ground of abandonment authorized by Article 1015(4).

G. Foster parents who intend to adopt the child may petition for the termination ofparental rights of the foster child's parents when, in accordance with Article 702(D), adoptionis the permanent plan for the child, the child has been in state custody under the fosterparent's care for seventeen of the last twenty-two months, and the department has failed topetition for such termination.

H. When termination is authorized by Article 1015(1) or (2) and no petition is filedto terminate the parental rights of the surviving parent pursuant to Paragraph A, C, or E ofthis Article after a written request to file such action is made to the district attorney by anyinterested person and no petition is filed within sixty days by the district attorney, that personmay file suit to terminate the parental rights of the surviving parent.

I. When a child is conceived as the result of a sex offense as defined in R.S. 15:541,the victim of the sex offense who is the custodial parent may petition to terminate the rightsof the perpetrator of the sex offense. Termination shall result in the loss of custody,visitation, contact, and other parental rights of the perpetrator regarding the child, but shallnot affect the inheritance rights of the child. The perpetrator shall be cast in judgment forcourt costs.

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