In Georgia, you may be able to terminate the parental rights of a non-custodial parent if your situation involves certain conditions, such as abandonment, failure to provide support, or harmful behavior. These issues can be challenging and often require a clear legal process.
Our Canton contested child custody lawyers can explain when you can take legal action and how we can lead the process for you. We can gather the evidence to support your claims and make your child’s best interests the focus of the case. Call us today for a private consultation.
Understanding Parental Rights in Georgia
Custodial and non-custodial parents in Georgia have certain rights and duties when it comes to raising their children. These include caring for the child, making decisions about their health and education, and providing for their needs.
Parental rights also mean having a say in the child’s life and making choices for the child’s upbringing, like choosing where they live and go to school. Both parents, whether they are married or not, have these rights and duties unless the court decides otherwise.
Georgia Law Protects Parents’ Rights
Georgia law takes parental rights seriously and protects them to help parents raise their children safely. A court must have a strong reason to take away these rights and will weigh whether doing so is best for the child.
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(770) 479-1500Legal Grounds for Terminating a Non-Custodial Parent’s Rights
A court must have a valid reason to end a parent’s rights, even in cases involving non-custodial parents. The law lists several grounds that must be met to terminate a parent’s rights.
Here are the main reasons:
Voluntary Consent
A parent may choose to give up their parental rights willingly. This often happens if they agree to have their child adopted by someone else.
Aggravated Circumstances
If a parent has hurt the child badly or has a history of severe abuse, this is called aggravated circumstances. The court may end parental rights to keep the child safe.
Failure to Support
A parent must help support their child. If they have not paid court-ordered child support for a year or more, the court may end their parental rights.
Abandonment
If a parent leaves the child and does not care for them or maintain contact for an extended time, the court may view this as abandonment and decide to terminate parental rights.
Parental Misconduct or Inability
If a parent cannot properly care for the child, and this is not likely to change, the court may terminate their rights. This can include situations where the parent cannot provide a safe and stable environment for the child.
After establishing one of these grounds, the court will then weigh whether terminating parental rights is in the best interests of the child. Factors considered in these cases include:
- The child’s sense of security.
- The need for stability.
- The potential benefits of being integrated into a stable and permanent home.
These grounds are in place to protect children and put their well-being first.
Ending the Non-Custodial Parent’s Rights Has Consequences
Deciding to terminate a non-custodial parent’s legal rights is a serious decision, so you may want to get legal counsel as you consider this move. Once a court terminates a parent’s rights, they no longer have any legal say in the child’s life.
Removing their rights also means they do not have to provide financial support, as all parental duties are permanently removed.
Termination of a Birth Parent’s Rights Can Also Affect Your Child
For the child, termination of parental rights can mean losing a relationship with a birth parent, which may affect them emotionally for the rest of their life. However, in cases where a child’s safety or well-being is at risk, the court may find that termination is in the child’s best interest.
Given these significant consequences, the court carefully reviews each case to confirm that terminating parental rights is truly necessary. If you’re considering this option, our Canton family lawyers can explain what’s involved and whether it may be the best path forward for your family.
You can call us for a private consultation today to discuss the matter further.
Proving Grounds for Termination
To terminate a non-custodial parent’s rights, the court requires solid proof that specific grounds have been met. This proof may include evidence of abandonment, failure to support, or harmful behavior toward the child.
Common evidence includes:
- Financial records showing unpaid support
- Records of limited or no contact from the non-custodial parent
- Documented instances of abuse or neglect.
- Testimonies from teachers, counselors, or family members about the parent’s involvement or lack thereof.
- Records of previous criminal charges or convictions related to abuse or endangerment.
- Medical or psychological reports indicating harm or risk to the child.
- Communication records, such as texts or emails, that show a lack of interest or harmful behavior.
You must gather as much reliable information as possible to support your case.
Clear and Convincing Evidence Plays a Key Role in Court Decisions
In Georgia, courts use a high standard called “clear and convincing evidence” when deciding whether to terminate parental rights (Georgia Code § 15-11-320(a)). This means the evidence must be strong enough to leave little doubt that termination is necessary.
This is a strict standard to meet, so our legal team must present well-organized and solid evidence that supports your claims. Meeting this standard helps the court feel confident that the decision is in the child’s best interest.
How Our Contested Child Custody Lawyers Can Help Your Case
Terminating parental rights can be a challenging legal process, even emotionally. Our Canton contested child custody attorneys will provide support and guidance at each step, making the process manageable.
Whether you are the custodial parent or the non-custodial parent, we will listen to your side of the story and advocate for you. You will find a supportive team here that will listen to you and work for your best outcome.
When we represent you, we will:
Handle the Entire Legal Process
We will guide you through each step of the termination process, explaining the legal requirements and helping you understand what to expect. Our team will work closely with you to develop the best strategy for your unique situation so that you are prepared at every stage.
File the Petition for Termination
Our team will handle all paperwork, including preparing and filing the formal petition to terminate parental rights. We will complete and submit all documents on time to avoid delays or errors that could affect your case.
Gather and Present Case-Supporting Evidence
Building a strong case requires careful evidence collection and organization. Our custody dispute lawyers can help gather records, document behavior, and secure witnesses to support your claim.
We know how to present this evidence in a Georgia court to meet the high “clear and convincing” standard that termination proceedings require and can strengthen your case as we seek a favorable outcome.
Represent You in Court and During Negotiations
If your case goes to court, we will represent you, advocating for your child’s best interests and protecting your interests, too. We will handle all communications, present your case to the judge, and manage any negotiations with the other parent or their attorney.
Assisting with Adoption if Termination is Approved
If you’re planning for a step-parent or another family member to adopt the child after termination, our Canton adoptions lawyers can help with this process and address any legal requirements for the adoption.
With our team on your side, you’ll receive regular updates on your case’s progress. We’re here to answer any questions and offer peace of mind and clarity during what can be an emotional time.
Want to Terminate a Non-Custodial Parent’s Rights? Call Us First
If you’re considering terminating the parental rights of a non-custodial parent in Georgia, Speights Law can help. We have helped many families in Georgia with legal matters for nearly 25 years and are confident we can help you, too.
We understand the seriousness of your situation and the legal process it could involve. You can leave your case in our hands, and we will take care of everything. Call us today for a private consultation. We offer evening and weekend appointments to accommodate your schedule.
