Terminating parental rights in New York

There are circumstances in which the best interests of a child mandate the termination of their mother’s and/or father’s parental rights. A person may do so voluntarily, which often happens when an unmarried woman gives up her baby for adoption, or one parent relinquishes their rights in order to enable the child to be adopted by a stepparent or other relative. The process can also be less than positive, such as when a parent is addicted to drugs or alcohol, dangerously unstable, negligent, or otherwise unfit to care for the child.

When a parent’s rights are terminated, they are no longer legally required to support their children financially (although any outstanding child support must still be paid), and lose any rights to visitation or custody. It is technically possible to have one’s parental rights reinstated, but only after two years, provided that the child has not been adopted and certain conditions have been met.

Grounds for involuntary termination

In New York, the legally acceptable grounds for involuntary termination of parental rights are as follows:

• The parent has intentionally abandoned the child for six months or more
• The parent has a severe mental health disability that leaves them unable to care for the child
• The child has experienced frequent and severe abuse at the parent’s hands
• The child is perpetually neglected by the parent
• The parent is incarcerated and declines to take any role in caring for the child
• The parent was convicted of any of the following crimes in connection with their children: murder, attempted murder, involuntary manslaughter, assault, or aggravated assault

Stepparents, grandparents, foster parents and anyone else seeking to have a parent’s rights involuntarily terminated must take a series of steps that include filing a petition in the court, appointing an attorney for the children, and attending court.

Grounds for voluntary termination

The most common reason for biological parents voluntarily terminating their parental rights is to enable their child to be adopted by a stepparent or relative. New York State law, however, only permits such a move if there are acceptable grounds or an arrangement has been made for someone else to assume responsibility for the child. When a child is older than 14, their wishes must be taken into account in any adoption plan, and they are permitted to maintain a connection with their biological parents even after the latter’s parental rights have been terminated.

Termination of parental rights is intended to be a permanent arrangement, and in both voluntary and involuntary cases, careful consideration should be given to the matter before proceeding. A New York family law attorney can provide the insights, advice, and legal guidance necessary to make the best decision for all concerned.

If you have questions about parental rights, then contact Eskin & Eskin, P.C. We are a family law firm for family law matters. Our attorneys with more than 40 years of combined experience also handle divorce cases. For a free consultation contact 718-402-5204 or visit www.EskinAndEskinLaw.com.