Can The State Terminate A Parent's Rights Over Their Children?
Yes. Every state has an agency that protects the interests of children. That agency may ask the court to terminate parental rights. Usually, the state must show that the parent is unfit and that severing the relationship is in the best interests of the child. To be found “unfit” the state usually must show that the child is in danger of suffering from some form of abuse, the parent is unable to care for the child (usually because of mental capacity or drug addiction) or the child has been abandoned by the parent.
Other Family Law FAQs
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Q:
What Is Required To Obtain A Marriage License?
A: The requirements for the issuance of a marriage license are generally set by statute for the jurisdiction in which the marriage will occur. Generally it must state the … More -
Q:
How Long Does It Take To Get Divorced?
A: This is really a two-part question. Most states require a certain period of time to pass between the filing of the initial paperwork and the issuance of a … More -
Q:
What Is A Prenuptial Agreement?
A: A prenuptial agreement, or a premarital agreement, is a written contract created by two individuals who plan to be married. This agreement lists all … More -
Q:
What Factors Are Used To Calculate Child Support Payments? Can The Amount Of The Payment Change Over Time?
A: Under the Child Support Enforcement Act of 1984, child support payments are based upon each parent's current income. This includes a number of elements … More -
Q:
How Do I File For Divorce?
A: Filing for divorce is like initiating any other civil lawsuit – you must first file papers at the courthouse (a “Complaint”). Many states have … More -
Q:
Does Every State Follow The Same Formula In Calculating Child Support?
A: No. Each state has their own child support law but each state tends to follow one of three basic models: Flat Percentage, Income Shares, and the Melson … More -
Q:
What Is A Common Law Marriage?
A: A small minority of states allow the creation of marriage by common law. A common law marriage is one in which there is no ceremony or marriage license. The parties … More -
Q:
Do Both Parties To A Premarital Agreement Need A Lawyer?
A: Not necessarily, but the benefits of having one are knowing that the contract is prepared correctly and that you have made an informed decision. The attorney will also … More -
Q:
Who Can Solemnize A Marriage?
A: A person authorized to solemnize marriages must be a priest, minister or rabbi of any religious denomination...a judge or retired judge, commissioner of civil … More -
Q:
When Does An Unmarried Father Acquire Parental Rights?
A: A man who is not married to a child's mother does not have any parental rights until his paternity has been established. Paternity may be established by the … More
