Juvenile Defense: Termination of Parental Rights

Sometimes the state determines that it is in a child's best interest that parental rights be terminated. This decision is made if the parents have engaged in what is described as extreme conduct, or have been unable to rectify the problems that brought the child into the state's custody within about a year. The state also seeks termination if the child is in foster care for an extended period of time.

To terminate parental rights, the state must prove at a trial by clear and convincing evidence that the parent(s) are presently unfit, and that such unfitness is unlikely to be remedied within the near future. This must be proven day of trial. If a parent is served with a termination of parental rights petition, sometimes it is not too late to pull it together, as it often takes several months for the trial to actually occur. At Case & Dusterhoff, LLP we understand that it is not too late, and will work with the parents and DHS to try to remedy the problems identified by DHS, and to save the family from termination of parental rights.

If termination is inevitable, which it sometimes is, we can help facilitate mediation between the adoptive placement and the birth parent(s) to address terms of an open adoption, with hopes of some kind of ongoing contact between child and parent.

At Case & Dusterhoff, LLP these cases are handled by Benjamin O. Falk.

Contact us to inquire about Parental Rights.