What is the process to have a mother’s parental rights terminated?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the process to have a mother’s parental rights terminated?

Asked on January 4, 2013 under Family Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to terminate a parent's rights as to a child completely there has to be a formal adoption of the minor child where one parent voluntarily gives up his or her parental rights via a signed adoption agreement subject to court approval.

Such an adoption agreement is usually prepared by a family law attorney.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The state of Pennsylvania only allows the termination of parental rights  - voluntary or involuntary - to be done by court order. For having them involuntarily terminated, Pennsylvania requires that a petition be filed.   Then the court must be satisfied by clear and convincing evidence one or more of the following: (1) the parent has demonstrated a purposeful abandonment of the child for at least six months; (2) the parent is shown to have continued incapacity or has abused, neglected or refused to provide the child with essential care, control or subsistence necessary for the child's physical or mental well-being and those conditions are not likely to be remedied by the parent; (3) the parent is the presumptive but not the natural father of the child (4) the child is in the custody of an agency, and the parent's identity or whereabouts are unknown and cannot be determined within three months after the child is found; (5) the child has been removed from the care of the parent and placed with an agency for at least six months, the conditions which led to the removal continue and are not likely to be remedied; (6) the parent of a newborn has reason to know of the child's birth, does not reside with the child, and for four months preceding the filing of the petition has failed to make reasonable efforts to make contact with the child or provide substantial financial support for the child; or (7) the parent is the father of a child conceived as a result of a rape or incest.  Seek help.



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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption