Every state has laws that allow the family court to terminate a parent's rights under certain situations. Once your rights are terminated, whether or not they will be reinstated depends on several factors. If you are facing a termination of your parental rights, here is what you need to know.  

Why Are Parental Rights Terminated?

There are several reasons that the family court could choose to terminate a parent's rights. At the core is how fit the parent has proven to be and whether or not maintaining a relationship with the parent is best for the child.  

For instance, if a parent has chronically abused or failed to provide support or maintain contact with a child, the court could terminate the legal relationship. The same result could occur if the parent has a mental illness or drug addiction that prevents him or her from providing the care that the child needs.  

If you are in danger of losing your rights, the court will notify you and provide a reason as to why it is considering the termination. You have the right to fight the termination. 

What Can You Do?

Your parental rights will not be terminated without the court allowing you a chance to fight the petition. Once you have learned of the reason for the termination, you can formulate a response.  

For instance, if your rights are being threatened due to a lack of support for the child, you can offer proof to the court that you were unable to provide financial support. Your paycheck statements, unemployment statements, or any other financial records can help to prove your case. You can also offer a plan for helping to care for your child's needs in the future.  

A family law attorney like those at Caldwell Kennedy & Porter can help determine the right defense for your particular case.  

What If Your Rights Are Terminated?

Depending on the state in which you live, there is a possibility that your rights could be reinstated. If your state does allow it, you will need to provide evidence that the concerns that led to the termination of your rights are no longer a factor.  

For instance, if you were financially unable to care for your child, you can submit financial records that prove your condition has changed since the termination.  

It is important to note that, following the reinstatement, there might be conditions put in place to determine whether or not the matter should be permanently closed. For instance, you might be required to complete counseling or be subjected to welfare checks by a social worker.

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