Grounds for Termination of Parental Rights
Some situations demand the termination of the parental rights to your child. However, in most cases, this is not an easy task. Losing parental rights to your child is one of the most frightening things you may never want to hear or may never want to experience in your life as a parent.
Voluntary termination of parental rights
As much as we may find it hard for us to lose our parental rights to our children, termination of the rights brings some relief in situations where the parent is unable to foot the full upkeep of the child and other children’s needs, or the parent is unable to find help for his or her child. Due to such reasons, some parents find themselves with no choice other than voluntarily terminate their rights to the child.
In securing children rights, parental rights termination is considered a necessary legal procedure. However, it is one of the strongest legal mechanisms ever available to protect the needs and welfare of the child. It is a major step before the adoption of a child.
In some countries, it is possible to reinstate parental rights at some period in the life of the child. The process of reinstating parental rights can be a long process in some states. This is because the grounds for termination of parental rights vary from one state to another. Here are some of the circumstances that make it necessary for you to terminate your parental rights.
Involuntary parental rights termination
A parent may involuntarily lose rights to their child due to chronic physical abuse of the child or any sexual abuse of the child. Besides, if the parent is not able to protect the child from such harm or the parent inflicts the abuse to the child. The state is therefore left with no choice but terminates the parent’s rights to the child.
If the parent commits severe torture or physical abuse to the child, then they are bound to lose their rights to the child, it can as well happen in cases of extreme emotional damage to child as well. Neglecting a child by failing to provide basic human needs such food, shelter, and other child care needs that a parent should give to their child might also call for the termination of the parental rights.
There are some cases where a parent does not bond or attach to a child like they do to other children in the household, or inflict abuse or neglect, in such a case, a parent, may lose rights to that child or children. It can as well happen when there is complete disinterest or abandonment.
Apart from abandonment or neglect and torture and other reasons given above under which a parent may lose their rights to their child, other reasons may lead to automatic loss of rights. In these situations, a parent has little to do other than letting the child go away from them as they may harm them. For example, a prolonged mental illness can result in a child being taken away from the parent. If a parent experiences long-term alcohol or drug abuse that incapacitates the parents from providing child care, the state will terminate the parent rights to the child.
Some instances bring about the termination of the rights as well. Failure of the parent to offer support, maintain contact with the child and provide education to the child, then the parent may lose the right to their child. If the parent is convicted of a violent crime against the child or any member of the family and there is fear that it may repeat itself, the parent’s right to the child may be terminated.
Conviction may lead to a prolonged jail term of the parent. This alone is enough to impact the life of the child negatively and hence the only means of survival of the child is through foster care. Regarding foster care, if a child stays in foster care for a period long enough, between 15 months and 22 months, and the parent is yet to be ready to be reunited with the child, he or she may lose their parental rights to the child.
View complete list of laws regarding the termination of parental rights in the state of Nevada:
CHAPTER 128 – TERMINATION OF PARENTAL RIGHTS
NRS 128.005 Legislative declaration and findings.
NRS 128.010 Definitions.
NRS 128.011 “Abandoned mother” defined.
NRS 128.012 “Abandonment of a child” defined.
NRS 128.0122 “Agency which provides child welfare services” defined.
NRS 128.0124 “Child” defined.
NRS 128.0126 “Failure of parental adjustment” defined.
NRS 128.0128 “Indian child” defined.
NRS 128.0129 “Indian Child Welfare Act” defined.
NRS 128.013 “Injury” defined.
NRS 128.0137 “Mental injury” defined.
NRS 128.014 “Neglected child” defined.
NRS 128.015 “Parent and child relationship” and “parent” defined.
NRS 128.0155 “Plan” defined.
NRS 128.016 “Putative father” defined.
NRS 128.018 “Unfit parent” defined.
NRS 128.020 Jurisdiction of district courts.
View full list here. https://www.leg.state.nv.us/NRS/NRS-128.html
These among many other reasons may make it possible for the termination of a parent’s right to their child. Dan Lovell, Esq. is an experienced attorney who can help maneuver the various rules and regulations around this sensitive area of law. Call our offices today to learn how best to approach termination of parental rights in the state of Nevada.
Dan J. Lovell, Esq.
Law Offices of Dan J. Lovell, P.C.
1212 S. Casino Center Blvd.
Las Vegas, Nevada 89104
P: (702) 476-5101