Parents have certain legal rights to their children. These rights include visitation rights with their child and the right to make decisions, including legal, medical, and social. When parental rights are terminated, either voluntarily or by way of a court order, the parent loses the right to see the child and make decisions for them.

This legal matter can be emotionally fraught for obvious reasons, but the child and their best interests are always at the center of this legal decision. The termination of parental rights is a serious and often irreversible legal process that affects the parent-child relationship profoundly.

It not only ends the legal responsibilities and privileges of the parent but also impacts the child’s placement, care, and future stability.

Terminate Parental Rights

In Indiana, the termination of parental rights can occur through two main ways: voluntarily, when a parent consents to the termination, often in connection with adoption or inability to provide care; or involuntarily, where the court orders termination based on evidence presented during a parental rights proceeding. The Indiana Department of Child Services (DCS) often becomes involved in cases where the child’s safety and welfare are at risk, initiating the legal process to protect the child’s best interests.

The legal process requires clear and convincing evidence that termination is necessary, taking into consideration reasonable attempts to re unify the family through services and a recommended service plan. Factors such as the parent’s financial responsibility, physical custody arrangements, and parenting time are thoroughly evaluated.

Courts give first consideration to placements that maintain the child’s connection to their family, including relatives or adoptive households, ensuring the least disruptive environment for the child’s life.

Parents involved in a termination proceeding have the right to legal counsel to protect their interests and present evidence in their defense. The court carefully weighs all circumstances, including the child’s age, education, and ongoing contact with the child’s parent or other parent figures, before making a decision. Ultimately, the goal is to protect the child’s well-being while respecting the legal rights of all persons involved.

What are the Grounds for Parental Rights Being Terminated?

Parental rights being terminated is not usually the first choice. When parents choose to terminate parental rights voluntarily, it is typically because of an inability to care for the child due to financial instability, illness, or other reasons.

In order for a court of law to make the decision to terminate parental rights, it is often for the same reasons, but the parent does not give up their rights without a fight. The most common occurrence of parental rights being terminated by the courts takes place with children already in foster care after a reunification between parent and child has failed.

When a parent has their child reunified, and the same issues are still present, it gives the courts a good indicator that the child may be better off in the care of someone other than the parent.

In the state of Indiana, parental rights may be terminated for the reasons above, but also in other scenarios. Here are a few of the most common reasons why a judge would order parental rights to be terminated:

  • Mental illness or disability interfering with the ability to care for the child
  • Conviction or incarceration of the parent
  • Alcohol and/or substance abuse
  • Severe, chronic neglect
  • Physical abuse
  • Sexual abuse
  • Inability or refusal to meet the child’s medical needs
  • Abandonment

It is also worth noting that if a judge court orders termination of parental rights for one child, they will order it for all children in the household.

What Options Do Indiana Parents Have?

If a parent chooses to terminate their own parental rights for whatever reason, the courts will allow it and assume responsibility for the child. Many parents who choose to give up parental rights make that choice due to a financial inability to care for the child.

Terminating rights means the parent is no longer financially responsible for the child from that moment on, but if they owe back child support, they are still legally required to pay the child support. A parent faced with potential termination of parental rights who is not willing to voluntarily terminate rights will need to seek legal counsel from a family law lawyer, specifically a child custody lawyer.

The lawyer will assist the client in creating a case to prove to the judge that the client is able to meet the standards of care for the child. They must also prove that separation from their parent is not in the best interests of the child.