In ideal joint custody cases, parents work together to give their child the best life possible. However, this often requires cooperation, communication and each parent’s drive to provide the best care for their child.
When one parent is constantly failing to fulfill their duties, it is ultimately the child who will suffer the most. If you are the custodial parent in this situation, you might be wondering if you can terminate the other parent’s rights altogether.
Can you ask the court to remove the noncustodial parent’s rights?
Yes, if you have a legitimate reason to do so. You, as a custodial parent, can file a petition to terminate the noncustodial parent’s parental rights. If you are successful, this means the noncustodial parent loses the right to raise, visit, talk to or make decisions for your child.
Furthermore, their name will no longer be on your child’s birth certificate. However, their child support obligation will also end.
What are the grounds for termination?
In Pennsylvania, parents can file a petition for termination of parental rights based on these grounds:
- The parent gives up or neglects their parental duties for over six months
- The parent’s continued abuse and neglect has affected the child’s well-being, and the parent cannot or will not address the cause of the mistreatment
- The father is the presumed but not the biological parent
- The parent’s identity or location is unknown for over three months
- The child has been in and out of home care for six months, with ongoing issues
- The newborn’s parent fails to maintain contact or support for four months
- The parent is the father of the child from rape or incest
- The parent has convictions of serious crimes against their child
- The parent sexually abused their child or another child
- The parent is a registered sex offender
An important exception is when the basis of termination is solely due to insufficient housing, income, clothing and other necessities. However, these circumstances must be out of the parent’s control.
How can legal counsel help?
Terminating another parent’s rights to their child is not always an easy decision. Still, it can be crucial for the health, safety and happiness of your child.
If you are facing this struggle, don’t hesitate to seek legal help. An experienced custody lawyer can help you understand your options, guide you through the process and ensure your child’s best interests remain the priority.