Sometimes it is in the best interest of the child for the father’s rights to be terminated. Sometimes this is done because the parent is potentially harmful to the child’s well-being. Other times, the parent just doesn’t want to be a parent and they disappear, abandoning the child in the process.

Sometimes the parent is on drugs or alcohol, is neglectful, is dangerous, is unstable, and exhibits other behaviors that show they are unfit to care for the child.

How Are a Father’s Parental Rights Terminated in New York?

A city agency such as a foster care agency or the NYC Administration for Children’s Services will often initiate the case to terminate a father’s parental rights. They begin by filing a petition in Family Court requesting that the judge terminate that parent’s rights. Within the petition is included the ground or grounds for the termination.

The next step is the fact-finding hearing. The parent can attend if they are contesting the termination of rights and in such cases may be entitled to a court-appointed lawyer, free of charge. If the parent attempts to fight the termination of rights, they need to prove that the grounds presented for the termination are false.

After hearing both sides, the judge will then make a decision if the parent’s rights will be terminated or not.

If the court terminates a parent’s rights and that parent wants to fight it, they can file an appeal so that a higher court can hear the case. The appeal must be filed within 30 days of the date the termination order was made to terminate the parent’s rights.

What are the Father’s Parental Rights in New York?

Legally, the father has no parental rights until paternity is established. Once the legal father of the child has been determined, he has certain obligations and rights to that child. Establishing paternity means that he is legally recognized as the father. This comes with a requirement to financially support the child as well as having the right to visitation and to participate in decision-making regarding the child.

Once the father’s paternity is legally established, he must also be notified of any pending adoption that involves the child. The child also has the right to receive Social Security benefits from their father, inherit from their father, and get health benefits on the father’s insurance policy.

Who Can Petition the Court to Terminate a Father’s Rights in New York?

Not everyone can petition the court to terminate a father’s rights. A city agency like the NYC Administration for Children’s Services or a foster care agency can do it, but they must have solid grounds for doing so. 

The mother, a grandparent, or a legal guardian of the child cannot petition the court to terminate the father’s rights. This can be frustrating for the mother of the child or a legal guardian. In some cases, the mother or legal guardian can request that the agency step up and initiate the process. But doing it on their own is not permitted. If they were to try their petition would be rejected.

What is the Burden of Proof to Terminate a Father’s Rights in New York?

There are six grounds that are used for termination of father’s rights cases:

  • Neglect
  • Abandonment
  • Serious risk of emotional, physical, or mental injury to the child
  • Unfit parent
  • Mental illness that prevents him from taking care of the child
  • Sexual assault

The state is required to show clear and convincing evidence. The burden of proof for a criminal conviction is stronger, being “beyond a more reasonable doubt.” However, it does exceed the civil burden of proof which is “by a preponderance of the evidence.”

Once clear and convincing evidence is presented to the court and the judge is satisfied, the termination of parental rights is executed. 

Once a father’s rights are severed, he is severed from that child permanently in most cases.

How Long Does a Father Have to Be Absent to Lose His Rights in New York?

At the fact-finding hearing, the judge will review the case to see if the father has abandoned the child. Under New York law, this is established by:

  • The child has been permanently neglected for a minimum of 12 months by the father who has failed to maintain contact with the child and has not made or assisted in making any plans for the child’s future.
  • The child has been legally abandoned for a minimum of 6 months.
  • The child has been repeatedly or severely abused by the father.
  • For 15 of the previous 22 months the child has been in foster care (there are some exceptions to this).

If the child has relatives who are taking care of him or her, the termination of the father’s rights may not be pursued.

What is Considered Legal Abandonment of a Child by the Father in New York?

From a family law or civil standpoint, legal abandonment of a child in New York means abandoning for six months or more. That means no contact with the child, no care for the child. It can mean leaving the child with the other parent and having no contact or it can mean dropping the child off at a family member’s or friend’s home and not coming back.

After six months of child abandonment, one of the agencies can move to terminate the father’s rights and move forward with the adoption of the child.

Child abandonment can also be a criminal matter.

When a person who is legally charged with the custody and care of the child, such as the parent or legal guardian, and the child is younger than 14 years old, deserts the child somewhere with the intent to abandon that child, then they have committed a crime. Even if they leave the child with a friend and don’t show up to pick up the child, they are guilty of child abandonment.

Does Giving Up Parental Rights Stop Child Support in New York?

When a parent terminates their rights or their rights are terminated, they are legally released from all obligations to that child. This includes child support. They lose all rights to visitation and custody and the financial support requirement is ended.

If the parent owes any child support arrearages, they are responsible for that. But once they catch up on their payments, they no longer owe any child support for that child.

Can You Voluntarily Give Up Parental Rights in New York?

The father may voluntarily give up their parental rights for many reasons. He may do it so that a stepparent can adopt the child or if he was not married to the mother and she is putting the child up for adoption. In these cases, the court will only allow the parent’s rights to be terminated if the grounds are acceptable or if it is already arranged that another person will immediately step in to take responsibility for the child.

If the father wants to terminate his rights, he can file a termination petition with the family court. He must also get an attorney to represent the child and he is required to attend all court hearings. If the child is older than 14, the court may take the child’s wishes into consideration. At the end of the case, the judge can move to dismiss the petition, suspend judgment for a maximum of one year, or terminate the parental rights so the child is free to be adopted.

If you are a father and you wish to terminate your father’s rights, we can help. Contact the Litvak Law Firm at 718-989-2908 and speak with one of our experienced, talented attorneys. We are here to help.