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Being a parent is the most important role in many people’s lives. Threats to your parental rights can be devastating. However, if you are a parent seeking the best life for your children, in some circumstances, seeking to terminate your co-parent’s rights may seem like an appropriate option.
Termination of parental rights in Atlanta, GA, is a complex legal procedure. Speak with one of our skilled attorneys to learn what is required to terminate parental rights or how to defend yourself if your rights are under attack.
When a divorce or breakup gets bitter, parents sometimes seek sole custody and want to terminate the parental rights of their co-parent. In most cases, this is unrealistic and could harm a custody case.
The right to have and raise children is a fundamental human right protected by law. The Official Code of Georgia § 19-7-4 lists many justifications for removing a child from their parent, but family courts in Georgia construe this law narrowly. In most cases, if you are seeking to terminate your co-parent’s rights, you must demonstrate they have a:
Other situations could support a request to terminate parental rights, but you should consult an Atlanta family law attorney before pursuing this option.
A judge may terminate parental rights when there is clear proof of unfitness. However, it is more likely that a judge will preserve the co-parent’s rights while taking measures to protect the children. For example, a judge might require supervised visitation until the parent can prove they can provide a safe and nurturing environment for the child.
Family court judges base their custody decisions on the child’s best interests. There is a presumption that continuing contact with both parents will benefit the child, even when one parent has challenges. Judges also evaluate the parents’ ability to work cooperatively for the children’s benefit when deciding custody.
When one parent accuses the other of unfitness without credible evidence, the judge may appoint a custody evaluator to conduct psychological evaluations of both parents and the children. The results of these inquiries could lead to the judge awarding primary custody to the other parent if the evaluator determines this is in the children’s best interests.
Family court judges must see substantial evidence of unfitness before terminating someone’s parental rights. However, Georgia courts may accept a parent’s voluntary surrender of custody rights. Any parent considering this should consult one of our Atlanta attorneys to ensure they fully understand the implications of voluntarily relinquishing their parental rights.
A custodial parent may enter a new relationship with a partner who wants to adopt their child. A stepparent or second-parent adoption is not possible if the child’s other parent still holds custody rights. The co-parent will sometimes agree to surrender their parental rights so the child can be adopted, particularly if the co-parent has not recently played an active role in the child’s life.
A parent could surrender their parental rights in other circumstances, such as if they face a long period of incarceration, a terminal illness, or to prevent child protection authorities from initiating a termination action. Surrendering parental rights frees the child to be adopted by a family member or foster family.
Termination of parental rights in Atlanta, GA, is a drastic action. Judges will not terminate a parent’s rights without clear and persuasive evidence that the parent is unfit.
Contact the intake team at the Atlanta Divorce Law Group immediately if termination or surrender of parental rights is an issue in your custody case. If you decide to work with us, our experienced family law attorneys can provide proper guidance and aggressive advocacy.