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Can I Terminate My Ex’s Parental Rights?

Can I Terminate My Ex’s Parental Rights?

Undergoing a divorce is a complicated process that is hard on both parties, especially if there are children involved. As much as possible, the exes must try to have a civil relationship so that they can better address the needs of their children.

However, there are instances when interacting with each other may be difficult because of issues between the exes, or there may be prevailing issues that can harm the child. In these cases, one parent may wish to terminate his or her co-parent’s parental rights.

What is the Termination of Parental Rights?

The termination of parental rights means that a person’s right as a parent is taken away. It entails that:

  • The parent-child relationship no longer exists
  • The parent is no longer allowed to raise the child
  • The parent usually has no right to see or talk to the child
  • The parent has no obligation to pay child support
  • The parent may be removed from the child’s birth certificate.

Is It Possible to Terminate My Ex’s Parental Rights?

The termination of parental rights is quite extreme. The court does not just grant it unless at least one of the following reasons are present:

  • Abandonment
  • Neglect
  • Unfitness of the parent
  • Serious risk of physical, emotional, or mental injury if the child is returned to the parent
  • Token efforts
  • Failure of parental adjustment
  • Sexual assault

Any of these have to be alleged and proven in order to convince the court to terminate parental rights.

What Can I Do Instead?

Because the termination of parental rights is an extreme relief granted under extreme circumstances, it’s hard to prove and might not be the best option if none of the above grounds are present.

Instead, you can seek a restriction of parental rights in which the court will order a restriction of parenting time or protection order.

Seeking for the termination of your ex’s parental rights would require that you have a solid case and a firm foundation. If you have the facts and accurate documentation, you can file the case and get immediate protective measures for you and your child in the meantime.

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Ben
Brightwell

Senior Associate

Colorado Springs

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