You should not ignore the situation if you receive papers regarding parental rights termination in New York. Receiving parental rights termination papers can be a heartbreaking and worrying experience. While it’s natural to feel overwhelmed, it is essential to understand the steps to take when faced with the loss of parental rights.
This guide explores what to do with child custody and child support and how parental rights termination works in New York. Whether you decide to fight for your rights or relinquish them, this guide will provide information to help you make an informed decision.
Parental Rights Termination
Parental rights termination is the process by which a court legally terminates the rights of a parent over their child. Reasons for termination include neglect, abuse, abandonment, drug or alcohol abuse, and mental illness. Once a parent’s rights are terminated, they have no legal right to make decisions concerning their child, including custody, visitation, and child support.
Furthermore, once the termination of parental rights has been ordered, it is very unlikely that it can be reversed, even if you change your mind after the process is completed.
Your Options
Upon receiving the notice, you have two options: contest or allow the termination of your rights. If you choose to fight the termination, you will need to hire a family law or marital attorney to defend you in court. It is essential to act quickly as the time frame for challenging the termination is small. You must provide reasoning in your initial motion response as to why you do not want your parental rights to be terminated.
If you opt not to contest the termination, you can choose not to respond to the motion filed against you to have your parental rights removed. The process will continue, and your unspoken consent to termination will render you not responsible for child support, but you will not have any visitation or custody rights.
You may also choose to respond to a parental rights termination by making your consent known, which can be the favored choice as it helps speed up the process. Once your rights have been terminated, you will not have any legal authority over your child’s critical decisions.
Child Support
All debts of child support after parental rights termination are waived. In New York, if a parent has been paying child support and their rights are terminated, they may also be entitled to a credit for overpayment.
Keep in mind that if you are behind on child support and your parental rights are terminated, you may still be liable for any child support that is in arrears unless the court orders otherwise upon the motion’s completion. It is not wise to negotiate child support as part of your parental rights termination case.
Child Custody
The other parent or guardian will be granted custody of the child, and the court will establish a visitation schedule, or the parent may no longer have visitation rights. Unless a parent can prove that they are rehabilitated or have made a significant change in their situation, gaining custody is unlikely.
This means if your parental rights are terminated, any parenting time you have with your child is legally removed. The other parent can agree to visitation for you but is not legally obligated to do so.
Termination Process
New York courts require a petitioner, usually a social worker, family member, or child protective services, to file a petition with the court to initiate parental rights termination. The petitioner must provide accurate evidence of the parent’s abuse, neglect, abandonment, or incapacity to manage their child’s critical decisions.
Once the petition is filed, the court will establish a hearing date, and the parent must receive adequate notification of the hearing. At the hearing, both parties will present arguments and evidence for or against the termination of parental rights. The judge will rule in the best interest of the child.
While you may be against having your parental rights terminated, you must have a strong argument that keeping your parental rights is in the best interest of the children involved, which is why hiring an attorney to assist you is key.
It’s essential to understand the implications of parental rights termination motions and make an informed decision. If faced with losing parental rights, take the time to seek legal advice and evaluate the options to make the best decision. If you decide to challenge the termination, hire a lawyer with experience in family law.
Ensure you stay in contact with your lawyer and maintain transparency during the entire process. If you choose to relinquish your rights, familiarize yourself with the support and custody implications. Remember that the primary consideration is the child’s best interest, and every decision should be made with this in mind. Our law office at Siben & Siben LLP can assist you when facing family law issues. Call us today.