If your parental rights are in jeopardy, understanding your legal options is imperative. Continue reading to discover what is involved in the process of terminating a parent’s rights, and consult with an experienced Bergen County family lawyer for skilled legal representation.
Can a Parent Voluntarily Give Up Their Rights?
Yes, you may be able to voluntarily give up your parental rights. This is generally only permitted for the purpose of allowing your child to be adopted by someone else, and cannot be used as a way to get out of child support or other obligations.
For example, suppose that your child lives with their other parent, who just got remarried, and you have little to no contact with your child. Your ex’s spouse wants to formally adopt your child for insurance purposes and to solidify their relationship. They may ask you to forfeit your rights to allow the adoption process to take place.
However, it is important to understand that you could also have your rights forcefully stripped if certain circumstances apply.
What’s Involved in Terminating a Parent’s Rights in NJ?
If your parental rights are called into question, it is important to understand what is involved in the process. The first step of the process of terminating a parent’s rights is the initial court appearance. This occurs when the other parent or DCPP initiates the case. At this appearance, you will be informed of the other party’s intent to terminate your parental rights. It also begins the discovery process, where both parties begin gathering information relevant to the situation. This can include DCPP files, criminal records, police reports, communications, medical records, and more.
There will also likely be expert evaluations conducted. The DCPP can request psychological evaluations conducted by mental health experts, and the court could order substance abuse evaluations, other physical exams, and supervised time spent with your child. These evaluations help determine your relationship with your child as well as your physical and mental health status.
Mediation is a common alternative to trial during parental rights cases. You can meet with your child’s other parent, their foster/adoptive parents, other relatives, the child, DCPP, attorneys, and other parties relevant to the case to discuss the situation and negotiate. If the mediation sessions are unsuccessful, however, the case will proceed to trial.
During the trial, the opposing side will present evidence and call witnesses to demonstrate why it will benefit your child to have your rights terminated. You will have the opportunity to counter their arguments with the help of your legal team. After all evidence has been presented and closing arguments are made, the judge will decide whether or not to terminate your parental rights. They could also choose not to terminate your rights but to place the child in the custody of a relative or safe person.
Can I Appeal the Decision?
If you do not agree with the judge’s decision, you can appeal it. If you wish to appeal, inform your lawyer, who will initiate the process. You have 21 days from the date that the judge signs the order to file an appeal.
To learn more about your legal rights and secure skilled representation during your case, reach out to a knowledgeable attorney at Feitlin, Youngman, Karas & Gerson, LLC today.
