Parents in Alabama may find they are at risk of losing their parental rights for one or more of their children. They may also choose to relinquish these rights under certain circumstances. Whether this termination of rights is voluntary or involuntary, the court does what it deems will be in the best interests of the child or children. What do parents need to know about parental rights termination in the state of Alabama?
Voluntary Termination
Voluntary termination of parental rights is not what many assume when they hear this phrase. A person cannot simply walk into a courtroom and say they want to end parental rights. To do so, the parent must submit a form to the court outlining the reasons they feel they need to give up all rights to the child. The court will not approve this petition unless another person is prepared to adopt the child or another party has started the termination process. A parent may voluntarily end their parental rights so the child’s stepparent can adopt them, for example.
Involuntary Termination
A party other than the parent of the child starts involuntary termination of parental rights. Legal authorities have shown the parent cannot or will not care for the child. It is in the child’s best interests to have the relationship severed.
Legal authorities may involuntarily end a parent’s rights for reasons such as child abuse and neglect. The court considers whether the abuse and neglect caused harm and if rehabilitation of the parent is possible. The court may sever a parent’s rights involuntarily if they abandon their child.
Before the court can take this step, it must prove that doing so is in the child’s best interests. Doing so requires clear and convincing evidence to be presented. If authorities don’t provide this evidence, the process of involuntary termination cannot go forward. Any parent facing involuntary termination should speak with a DHR defense lawyer to learn their rights and what steps they should take to fight this process.
Parental Responsibility Law
Alabama has a law in place that states parents and legal guardians may be financially liable for actions their children take. Courts may use this law to do so when the parent or legal guardian has care or control of the child. However, the child must live with the parent or legal guardian, and this individual must have custody of the child. Foster parents serve as the exception to the rule. The court cannot hold them financially liable for actions taken by foster children in their custody. When might this law come into play?
If a child injures or destroys another person’s real or personal property intentionally, willfully, or maliciously, the parent or legal guardian may be financially accountable for their actions. Parents and legal guardians don’t need to worry when a child is negligent and harms another person’s property. The law does not apply in these situations.
Alabama has put a limit in place on the actual damages a parent or guardian must pay. The amount recoverable under the state’s parental responsibility law is $1,000 currently. Parents and legal guardians must understand this does not absolve them from paying the legal fees of the injured party when the matter goes to court. This remains their responsibility, above the $1,000 amount designated for the damages.
Parents and legal guardians might also be responsible for additional damages under traditional fault theories. If the parents know of a child’s dangerous tendencies, they must supervise the child. Failing to do so could lead to additional financial liability if the child injures someone and the parents or legal guardians know this is a risk. This situation could lead to the parent’s rights being terminated.
Revoking a Person’s Parental Rights
A person or entity might request to revoke a person’s parental rights for several reasons. A person can petition the court to revoke these rights if a parent has abandoned their child. Substance abuse is grounds for termination, as is child abuse. Neglect is another reason often given for terminating a parent’s rights.
A parent imprisoned for a felony is at risk of losing their rights to any minor children they have. If a parent has a mental illness or deficiency that prevents them from properly caring for a child, their rights may be terminated. The Alabama Department of Human Resources will try to rehabilitate a parent before terminating their rights. If this rehabilitation effort fails, the termination process may move forward.
Parents who don’t have custody of their children may also face parental termination of rights. The court may take this step if the parent doesn’t pay support or provide for a child’s material needs. The same holds if the parent does not remain in contact with the child.
Filing for Parental Rights Termination Through DHR
Once DHR moves to terminate a parent’s rights, it must take several steps. The agency must attempt to locate the parent to service notice of this legal proceeding. The agency must deliver notification to the parent’s current address or last known address, with instructions to forward it to the parent at a new address if possible. It may also publish a public notice to reach this parent.
A court hearing is held where DHR presents evidence as to why the termination of parental rights should proceed. If the court grants this request, it issues an order outlining the decision. Relevant parties may then file appeals. Anyone wishing to file an appeal should also seek help from a family attorney.
Fighting Parental Rights Termination
Parents who receive a parental rights termination notice need to act quickly to protect their rights. The courts require all parties to adhere strictly to procedural rules overseeing this process. An attorney can ensure all parties follow these rules. At the same time, the attorney works to prove the parent’s rights should not be terminated. How might they do so?
The attorney works to show terminating the parent’s rights is not in the child’s best interests. The child desires reunification and termination of the parent’s rights would be harmful to the child. This attorney will also try to prove the parent can now safely take on the role of parent thanks to a change in circumstances. A parent could attempt to do this on their own. However, working with an experienced attorney increases the odds of the court ruling in the parent’s favor.
Any parent facing involuntary termination of parental rights should speak with an attorney immediately. However, parents taking this step voluntarily should also do so with an attorney by their side. This is a major step in life that one must not take lightly. The attorney ensures the parent understands the process, the benefits, the drawbacks, and more. Reach out today for help, as time is of the essence when it comes to protecting one’s parental rights.