Parents have a legal responsibility to care for their children and see to their welfare. For much of the population, this is upheld in some form or another. Parenting styles span a wide range from overly protective and hovering to absent and neglectful. While most parents tend to fall somewhere in the middle, there are those who hover more in the neglectful and even harmful end of the spectrum. In some cases, the situation can become a liability for the child’s wellbeing and it is in their best interest that the legal responsibility that the parent has to the child is severed.
This action, the termination of parental rights, is not entered into lightly. But sometimes it is necessary and is in the child’s best interest so that he or she can have a healthy, happy, nurturing life.
What does termination of parental rights mean under New York law?
The legal relationship that exists between the parent and child, giving the parent an obligation to ensure the child’s welfare, health, and safety is called parental rights. The parent has certain responsibilities that they are legally required to fulfill for the child, including:
- Financially support the child
- The right to custody of the child
- Visit the child
- Make religion decisions for the child
- Make educational decisions for the child
- Make medical decisions for the child
- Take care of the child’s basic needs like food and shelter
- Keep the child safe from harm
When a child is being adopted by another family, a family member, or a stepparent, the child must be legally untethered to the parent or parents in order for that adoption to take place. This means that the legal relationship between the child and the biological parents must be ended – the parental rights must be terminated.
Once the parental rights are terminated, that parent no longer has any legal rights to the child and is no longer able legally to make any decisions regarding the child.
What are the two types of termination of parental rights in NY?
There are two ways that parental rights can be terminated in New York:
- Surrender of parental rights – The child’s biological parents agree to voluntarily relinquish their parental rights. This type of termination of parental rights is permanent, meaning that it cannot be changed, canceled, or revoked. However, it can be conditional where the biological parents are able to retain some rights such as being able to visit the child or if the child is adopted, have a say in choosing the adoptive parents. Likewise, an unconditional surrender means that the biological parents have given up all of their rights to the child including the right to communicate or contact with the child.
- Termination of parental rights – This is a forced termination of rights by an agency such as Administration for Children’s Services or a foster care agency. The agency initiates the termination of rights by filing a petition in Family Court requesting that the judge terminate the parental rights of the parents. The petition must provide legal grounds for the termination. In these cases, the biological parents have the right to legal representation in the termination case. A court-appointed lawyer will be provided to them for free if the judge feels that the parent or parents cannot afford an attorney.
Parental rights automatically end when the parent dies, the child dies, or the child becomes emancipated.
What are the grounds for termination of parental authority in New York?
There are five legal grounds for terminating parental rights in New York:
- Abandonment
- Permanent neglect
- Mental illness
- Mental retardation
- Severe and repeated abuse
The grounds are presented at the fact-finding hearing which is a trial for the termination case. The side seeking termination of rights must prove the grounds they claim for the termination. After the hearing, the judge will decide whether the parental rights will be terminated or not.
If the court decides to terminate a person’s parental rights, they do have the right to appeal the order of termination. The case will then be heard in a higher court and that judge will examine the termination order from the Family Court. The appeal must be made within 30 days of the date the order of termination was made.
How long does a parent have to be absent to lose their rights in New York?
Permanent neglect of the child is one of the grounds for termination of rights. Permanent neglect means that the parent failed to maintain contact with the child and did nothing to plan for the child’s future for a period of 12 months. If the parent knows where the child is and knows how to contact them but does not do so for 12 months, they could be found to be permanently neglectful and that can be used as a ground for termination of their parental rights.
Legal abandonment is another ground for the termination of rights. This means that the parent abandoned the child for a minimum of six months.
What is legal parental abandonment in New York State?
New York law defines abandonment of a child as a parent, guardian, or another person, who is legally charged with the care and custody of a child who is younger than 14 years old, and intentionally deserts the child in any place while having the intention of abandoning him or her completely.
Can parental rights be reinstated in New York?
New York is one of only a handful of states that allow for a parent’s rights to be reinstated. There are some requirements and restrictions, such as if the ground for the termination of rights was severe abuse or neglect, then reinstatement is typically not allowed. A parent can file a petition with the court requesting reinstatement of their rights two years or more after their rights were terminated. In some cases, the child, if older than 14, can request to be reunited with their parents.
Any type of reinstatement of rights must be approved by the judge who will issue the order. The family will also typically have to go through a reunification process which often includes reunification counseling.
How can a parent terminate another parent’s rights in NY?
A person (stepparent, foster parent, grandparent, etc.) who feels that it is in the best interest of a child for the child’s parent or parents to have their parental rights terminated must file a petition in Family Court for involuntary termination of parental rights. The petition must include the ground or grounds upon which the request for termination is based. The person must also appoint an attorney for the child so that the child has legal representation during the proceedings. They will be required to attend the trial.
It is also recommended that the party filing the petition for involuntary termination of parental rights should have legal representation. It is not required, but an experienced parental rights attorney can help them navigate the complex family court system which can increase their chances of winning their case.
Can a parent legally terminate their own parental rights?
A parent can surrender their parental rights which ends their legal responsibility to their child. This decision is permanent and cannot be changed or revoked. They can terminate their parental rights so that a family member, friend, or foster family can adopt the child, or they can terminate their rights and surrender the child to an agency such as a foster placement agency.
Termination of parental rights is serious. If you are involved in a case that involved termination of parental rights, you need an experienced, knowledgeable family law attorney to make sure that you are properly represented every step of the way.
Contact the Litvak Law Firm at 718-989-2908 and let us help you in your parental rights termination case. Our compassionate, caring, knowledgeable staff will help you get the best possible outcome for your case. Don’t wait. Call today.