Termination Of Parental Rights In Nevada
There are situations that warrant pursuit of the termination of parental rights. These situations can include divorces where there has been spousal or child abuse and neglect by one parent, incarceration or severe addiction issues. Parental rights can be terminated when a child is adopted by a stepparent. These rights may also be terminated when the biological parent is no longer able or no longer wants to have the rights and responsibilities of being a parent.
A Nevada Court Can Terminate Parental Rights
The process for termination is made official through the Nevada court. You may wish to have the assistance and guidance of an experienced family law attorney during this process. Once parental rights have been terminated, the child or children are no longer under the custody and control of that parent or both parents. The court will base its decision on what it deems to be the best interests of the child or children. A court must approve the termination of parental rights; a parent cannot just give up this right and no longer be responsible. The court may also investigate the parent for whom rights are being terminated.
Five Reasons Why A Court May Terminate Parental Rights
First and foremost, a Nevada court will determine whether or not the termination of a parent’s or parents’ rights is in the best interest of the child or children. Other considerations include:
- Abandonment or neglect of the child by a parent or the parents
- Whether the parent or parents are fit parents
- The risk of serious physical, mental or emotional injury to the child by the parent or parents
- Whether the parents are making an effort to meet the needs of the child or children
- Other legal and well-being considerations unique to the child or family
Generally speaking, once the court has terminated a parent’s parental rights, that parent no longer has visitation rights and is no longer responsible for child support. Just because a parent is incarcerated does not mean the parent must give up their parental rights. Precedent suggests that imprisonment and other questionable parental behaviors are not enough to support a termination of parental rights.
Adoption And Termination Of Parental Rights
Since 1995, the courts in Nevada have determined that in most cases, after the biological parents have terminated their rights, the best interest of the child is to remain in the adoptive home.
Each situation has different variables to consider. It is always in your best interest to consult with a family law attorney when you are considering terminating your parental rights or pursuing the termination of a parent’s parental rights.
The Help And Answers You Need Are Here
At Hanratty Law Group, we understand how serious the process for termination of parental rights is. We are here to help you in ensuring that what is best for the child or children is the first thing considered. Call 702-570-9287 and speak with a Las Vegas attorney about what needs to happen next. You can also reach us via a contact email.