The move to legally terminate the rights of a parent in NH is a significant legal maneuver and not one that is taken lightly by anyone involved. If you want to file for termination of parental rights on behalf of a child in your care or if you have been served with a motion to have your parental rights terminated, you need immediate and knowledgeable assistance from a compassionate and dedicated family law attorney. Attorney Mike Demers, PLLC, can help you navigate the situation and help ensure the best outcome for all involved.
Filing for Termination
Filing for termination of parental rights essentially means taking steps to have the parent and child involved no longer legally regarded as family. If approved and rights are terminated, the parent becomes a stranger with no say in the care or welfare of the child, and without any legal obligation towards that child whatsoever. When it comes to filing for termination of parental rights, the party filing has to meet certain criteria. The motion must be filed by a parent or guardian of the child. A foster parent who has had care of a child for a period of 24 consecutive months can also file to have a parent’s rights terminated. An authorized agency also can file for termination of parental rights.
A party isn’t able to file on the premise that they believe the child has bad parents or one parent isn’t an ideal provider. Because of the seriousness and finality of terminating parental rights, it is challenging to do and there are very distinct criteria for terminating a parent’s rights.
Basis for Filing for Termination
Some of the situations or basis for filing that must be proven in order to proceed with terminating parental rights include:
- Parental abandonment of the child
- A parent can but refuses to provide mental, emotional, and physical care for the child
- A parent is deemed mentally incapacitated or ill, and will be permanently
- A parent is convicted of causing severe sexual, physical, and emotional abuse of the child
- A parent is convicted of murder or manslaughter of the child’s other parent or siblings, including step-siblings
- A parent is convicted of attempted murder or felony assault of the child’s other parent, siblings, or step-siblings
The move to terminate parental rights often comes about as a response to extremely difficult or emotional circumstances. It is vital that anyone looking to terminate rights or any parent who is faced with possible termination of his or her rights fully understands what can happen and the permanent ramifications of the procedure.
Experienced Family Law Attorneys
Attorney Mike Demers, PLLC, knows the complications and confusion that can play a role in these kinds of emotionally charged cases. Our firm has the skill set needed to provide clear-headed direction and guidance during this time. We will work with you to fully understand your unique situation and help determine the best course of action along with the best interests of the child involved. Our firm has the compassion and dedication it takes to pursue termination of parental rights cases with vigor and an understanding of the gravity of the situation. Let us evaluate where you stand and discover the best resolution for your case.
For questions or to schedule a consultation please contact Mike Demers, PLLC today at 603-880-2065.