Terminating Parental Rights When a Child Has Special Needs
Few areas of family law are as bristling with risk and the potential for appeal as a petition to terminate parental rights. When the child involved has special needs, the child may be particularly imperiled if proper parental supervision is missing.
November 18, 2021 at 03:26 PM
9 minute read
Termination of parental rights (TPR) is the severance by court order of the legal relationship between a minor child and one or both of its parents. This can be done involuntarily or voluntarily. Should it happen, the child and parents become legal strangers. Because of the finality of this proceeding, a court will hold a hearing on a TPR petition. At the hearing, interested parties, represented by attorneys if they wish, have the opportunity to present evidence and witnesses to support their positions. The petitioner has the obligation to prove to the court that a TPR would be in the child's best interests. Each state articulates specific evidentiary criteria. In 2019, parental rights were terminated 71,300 times in the United States.
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