can I ask for termination of parental rights in my divorce?

UPDATED: Sep 30, 2022

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can I ask for termination of parental rights in my divorce?

I am filing for divorce and would like
to know if I can ask that the other
parents rights be terminated. I would
also like to ask that the children’s
last name be changed. I was wondering
if I could do this in the divorce
filing or if I have to do separate

Asked on June 6, 2016 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can "ask" for it--anyone can ask for anything, after all--but are VERY unlikely to get it: the courts do *not* like terminating parental rights. Unless you can show either that the other parent is entirely unfit as a parent (e.g. a serial felon or a drug addict) or the other parent consents (agrees) the termination of parental rights, this is exceedingly unlikely to occur.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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