Sole Legal Custody Terminate Parental Rights?
Why is the Court Process Exasperating – Sole Custody order and Terminate Parental Rights
Clients approaching a lawyer for sole custody matters want to know what follows if sole custody is granted to the other party.
Understanding the situations in which sole custody is granted can give you clarity about this legal issue:
- The courts in Virginia grant sole custody to one party when the other party is not capable of taking care of the child. For instance, if a mother/father is addicted to alcohol or is addicted to drugs, then sole custody is granted to the other party to protect the child’s interests.
- Similarly, if a father/mother has a child abuse charge pending against him/her, the court does not allow the accused person to contact the child and orders sole legal privileges to the moving party. The court may amend its order if the pending charge is dismissed.
In these sole custody cases, when sole custody is granted, the losing party may wrongly assume that this order terminates his/her parental rights. Discussing with your lawyer will help you understand that the grant of sole custody to the other party does not terminate your parental rights. Terminate legal parental rights is a broad term with extensive implications.
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Can you picture a scenario in which you are completely barred from communicating with your kids? It can be so stressful to not see your children with whom you formerly had a lovely relationship that you feel lost. This is what a parent goes through when they are given a court order to terminate their parental rights.
Similar to divorce cases, sole custody disputes can get out of control when handled alone. It is challenging to proceed without legal representation because the court takes into account so many intricate variables while deciding whether to grant sole custody. Your legal parental rights are not automatically extinguished if you lose sole custody. Speak with an experienced attorney to better grasp the distinction between sole custody and the order to terminate parental rights.
If you have lost your sole legal custody case it does not mean that you have lost your parental rights too and are prohibited from maintaining a relationship with the child. A court’s order to terminate your parental rights is different from a sole legal custody order. Consult with our lawyer at The Law Offices Of SRIS, P.C. to know more about these sole custody and the process of filing to terminate legal parental rights. Our team can clarify all doubts that you may have about how to terminate one’s legal parental rights. Do not hesitate to call us now!!
The filing process is complex. Proceeding without the legal guidance of a lawyer can result in adverse consequences. Hiring a sole custody lawyer from the very beginning is beneficial. Your lawyer at The Law Offices Of SRIS, P.C. will explain all aspects of the process and will clarify all your doubts. When you understand the process, you will find it easier to proceed. These cases involve your children and there is every need to be cautious. A sole custody parental rights lawyer will protect your interests as well as the interests of your children. As your lawyer is familiar with the sole custody process, all possible future issues can be avoided.
If you wish to obtain a sole custody order or want to defend your partner’s petition seeking sole custody, you can take the support of our attorneys. Our team at The Law Offices Of SRIS, P.C. will also help you dismiss any legal proceedings to terminate your legal parental rights.
Difference – Custody And Terminate Parental Rights
Sole physical and legal custody are different terms as they relate to different issues concerning the child.
- Sole physical custody relates to having the child reside with you. Also, when sole physical custody is awarded, you have the authority to decide on everyday issues. If you are granted sole legal custody, the child does not physically reside with you but you retain the privilege to decide about crucial issues such as the doctor the child should consult or the school the child should attend.
- On the other hand, the parental rights pertain to your legal standing to request a court to resolve all issues pertaining to the child including sole legal, physical or joint. If a legal order to terminate parental rights is entered one loses all connections to the child, including the legal standing to sue for sole custody.
- For a clear understanding, you need to remember that losing sole legal custody of your child implies a mere alteration in the living arrangement. However, an order that terminates parental rights alters the legal relationship with the child.
- While obtaining a sole legal order is easy if it can be proved that the other party is not a responsible father/mother, an order to terminate parental rights is not ordered until there is another person such as a stepfather/mother who is willing to step into the shoes of the biological parent.
Order To Terminate Parental Rights
A court does not terminate legal parental rights until it is crystal clear that an order to terminate legal parental rights is a necessity in the case. In this regard, following points are important:
- Unless there is a third party such as a stepfather or stepmother willing to take care of the child in the place of the biological father/mother, the court does not terminate legal parental rights. The reason for such a requirement is that if there is no third party to assume the role of a custodian of the child in case of demise of the custodial party, the child would become an orphan and a dependent of the State. In order to reduce the State’s burden, the court specifically checks for the availability of the stepfather/mother before entering an order to terminate legal parental rights.
- Some of the common grounds to terminate legal parental rights is when the non-custodial party fails to pay child support payments promptly. In these cases to terminate parental privileges, the custodial party wants to terminate the legal parental rights of the nonpaying party to cut off all bonds of the child with the parent. However, the courts have repeatedly held that even in these cases only when there is a stepfather/mother willing to resume the role of a parent for the minor child, an order to terminate can be entered.
- Another ground to terminate legal parental rights is when the father/mother is guilty of abuse of the child and it is not reasonably safe for the child to spend time with the wrongdoing party. In these cases involving an order to terminate, the court enters an order to terminate legal rights to protect the child’s interests.
For a clear understanding of the law involved in processes to terminate parental rights, call our lawyers. Our team will help you understand the complex laws and procedures involved in defending a proceeding to terminate your legal rights.
Consult with us now for more information on how to defend the proceedings to terminate your legal parental rights. Win a quick dismissal of the motion to terminate your rights with the support of our team. Fix an appointment with our sole custody parental rights lawyer and clarify all your doubts about the order to terminate.