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Commonly Asked Questions about Parental Rights Legal Documents

This Court has determined that parents have a fundamental right to direct the care, custody, and control of their children. This Court also has Page 6 3 determined that the government shall not interfere with this right unless and until a parent is proven unfit.
There are five legal grounds to terminate parental rights: abandonment, permanent neglect, mental illness, mental retardation, and severe and repeated abuse. Parents have the right to a free, court-appointed lawyer for a termination case if the Judge thinks that the parent cant afford a lawyer.
In a conditional surrender, the birth parents may keep some of their parental rights while allowing the child to be adopted. This could be a say in who adopts the child and the right to visit contact and visit with the child after the adoption.
The judge must determine at the fact-finding hearing if the respondent parent: Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months. Severely or repeatedly abused the child.
The burden of proof is lower in Family Court than in a criminal case (less than beyond a reasonable doubt). However, you still must prove that the other party committed an actual crime. It cant be based only on what you worry they might do, or that they are annoying you.
An order terminating parental rights shall be granted only upon a finding that one or more of the following grounds are based upon clear and convincing proof: The parent has abandoned the child for 6 months immediately prior to the date on which the petition is filed in the court.