Divorce Parental Rights

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Taking divorce was never an easy task, but when the couple has children and still want to part ways, it becomes all the more complicated. There are certain parental rights involved at the time of divorce. Parental rights are inclusive of the legal responsibilities and obligations concerning the parent of a child. These rights comprise of a lot of things. Most of the parents avoid taking divorce so that it does not have a negative impact on the child, but there are times when divorce seems the only option to end the suffering. Divorce parental right is nothing but the responsibility of the parents towards their children. Some of the issues that are addressed in these rights are:

  • Having physical custody of the child
  • Medical care of the child
  • Feeding the child
  • Protection of the child
  • Confirming that the child attends school

Involuntary Termination of Divorce Parental Rights

Involuntary termination of divorce parental rights means that the relationship of the parent with the child can come to an end if the parent does not follow the things that they are supposed to do. Some of the states have specified some reasons that would lead to involuntary termination of the parental rights. Some common reasons are as follows:

  • Committing a felony
  • Incarceration
  • No contact with the child for a considerable duration
  • Addictions or mental illness of the parent due to which it is not possible to rear the child properly
  • Chronic physical or sexual abuse
  • Abandonment

Keeping in mind the physical, emotional and mental well being of the child, these rights are incorporated. If a particular parent is ready to seek assistance and amend any abusive patterns or demeanor, the state tries to return the child to such a parent.

However, if the extreme conditions persist and there are no signs of improvement of the parent, then the termination process is executed and this legally ends the rights of the biological parents. After termination of these rights, the natural parent looses any custodial privileges and rights pertaining to the child. Moreover, the state is not obliged to intimate such a parent of any further adoptions.

Voluntary Termination of Divorce Parental Rights

Taking divorce is not easy but taking care of the children post divorce is the toughest thing to be done. Sole custody is difficult as the person has to take care of the child and all his desires, all alone. Such a termination is acceptable in case of the following circumstances:

  • A step parent is willing to legally adopt the child, or
  • A parent is reluctant to get involved in the life of the child

If a parent desires to voluntarily end the parental rights, then it is recommended to contact a family law attorney and find out if there is any alteration in the child support payment. This sort of termination of rights does not mean that the legal responsibility of the parent to disburse child support amount or to pay the child support payments in arrears has ended.

Even though the parent's rights have been terminated, the parent might be held accountable for economical care of the child till a particular age. This age differs from one state to another.

A voluntary termination is usually observed when the parents are found guilty of neglect or abuse. Such parents conclude that they cannot offer a healthy home ambiance for the child that is free of child abuse.

The Process of Adoption

Adoption is a process in which the couple can legally take care of the child and all their needs and desires. If an adoption process is to be initiated, then it is mandatory that the parental rights are terminated. This termination implies that the parents are free from undertaking any legal responsibilities of the child. They are not accountable to take any decisions for the child's welfare. After adoption, the adoptive parents are offered all the rights identical to what the natural parents had before termination of the rights.

In case the parental rights are not terminated, they parents can come back and ask for the custody of the child, any time in the future. It is advisable to go by the legal rules so that no problems occur at a later stage.

All the information stated above is true and will help people in knowing divorce parental rights. It has to be made sure that all the rules and regulations should be followed before taking any major step. Also, it is necessary to consult an attorney from time to time to gain in depth knowledge about the case.

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