The termination of parental rights is a court order that permanently ends legal, financial, and social responsibility between a child and either one or both parents. In the state of Kentucky, only a court order can terminate a parent/child relationship.
Voluntary Termination of Parental Rights
If the absentee parent is someone the other parent can still contact, they could agree to the voluntary termination of their parental rights. The process involves filing a petition for voluntary termination and appearing before the court.
Involuntary Termination of Parental Rights
If the absentee parent doesn’t agree to the termination of their rights or they can’t be found, you and your child custody attorney can file a petition for involuntary termination. The court will decide upon termination of parental rights based on what would be best for the child. A child’s best interest is always the court’s first priority in child custody cases.
The Kentucky Circuit Court will consider the following when deciding whether to terminate parental rights:
- a conviction of abuse (physical or sexual);
- physical neglect;
- emotional abuse; and
- child abandonment.
If you and your attorney can prove with clear and convincing evidence that the absentee parent abandoned your child, you could successfully terminate their parental rights.
What Happens When Parental Rights Are Terminated?
If the court decides to terminate the parental rights of the absentee parent, they will no longer have any responsibility towards your child. They will also no longer have any input on how the child is raised or where they will live, nor will they have any responsibilities or obligations to the child.
If the absentee parent was paying child support and had past-due payments, they are still obligated to make those payments to you. However, they will not be responsible for any new payments of child support after they give you what is owed.
Reach Out to Louis P. Winner
Attorney Louis P. Winner is prepared to go to court with you and aggressively fight for your sole custodial rights. If you are looking to terminate the parental rights of an absentee parent, reach out to the firm today.
Call the firm at (502) 812-1889 or contact Attorney Winner online for a case evaluation.