The termination of a parent’s rights to his or her children is a very sensitive topic, and one that is defined by the Colorado courts in one of two ways. Depending on the situation, a court will either terminate parental rights voluntarily or involuntarily.
In cases where both biological parents agree, a court may allow a parent to voluntarily terminate parental rights, but only when certain factors are taken into consideration.
The court must be sure that the parent wishing to terminate their rights is not doing so because of undue influence, duress, or improper pressure from others. In cases where a birth parent is under the influence of drugs or other substances that could affect his or her judgment, or other situations where the action would be in the best interests of the child, the court may grant a voluntary termination of parental rights.
While the consent of both parents is required for a voluntary termination, neither parent’s consent is required to involuntarily terminate parental rights. Situations where this can occur include the abandonment or failure to care for a child, failure to support a child, or the imprisonment of a parent.
Do you need an attorney if your parental rights are being terminated?
The procedures followed by Colorado courts terminating a parent’s rights can be very confusing. An family lawyer with experience in these matters can help you understand your rights and how they can be legally terminated. They can also file an appeal on your behalf and represent you in court.
If you are facing the potential termination of your parental rights, or if you are seeking to terminate the parental rights of an irresponsible parent, a family law attorney from the Marrison Family Law LLC can help.