Guiding You Through the Complicated Legal Process
Termination of Parental Rights is not to be taken lightly. Smith Legal Group understands how seriousness of terminating of the rights of a parent, and our Parental Rights Termination lawyers represents our clients in Henderson and Las Vegas, NV. The Nevada Court can terminate the rights of a parent in relation to a child with a Court Order effectively declaring a child free from the Custody and control of either or both parents. When considering Termination of Parental Rights, the primary consideration is focused on the best interests of the child. Our Termination of Parental Rights law firm has assisted in hundreds of Termination of Parental Rights cases and will guide you through this complicated legal process to ensure you have met your burden of proof, best interest factors, and met all statutory requirements. Whether you feel your child would benefit from termination of parental rights of the other parent, you feel it best to terminate your own rights to your child, or you have found your own parental rights have been inappropriately terminated, you can learn more about HOW TO WIN A TERMINATION OF PARENTAL RIGHTS CASE by contacting our office today to request a consultation.
When Is a Termination of Parental Rights Appropriate?
Not every case brought before the Nevada Courts is appropriate for a Termination of Parental Rights. Once the court orders the rights of a parent to be terminated, all aspects of the parent-child relationship become severed, including any rights to or obligation to pay child support from that date forward. While a parent can choose to relinquish their parental rights to a willing parent, typically a parent cannot voluntarily terminate their own rights unless the court determines it to be in the best interest of the child, there is an adoptive resource, or other factors have been presented to the court. The court considers a number of factors when considering the termination of a parent’s rights, such as:
- Unfitness of a parent
- Risk of serious harm to the mental, physical, or emotional well-being of the child
However, there are other factors to consider that may be specific to your case. Our experienced Parental Rights attorneys are well-versed in both how to obtain a court order terminating parental rights AND how to fight the termination of parental rights. Call our office today to discuss your specific case.
FAQ About Parental Rights
Smith Legal Group receives many questions about how to terminate a parent’s rights. Our Termination of Parental Rights law firm in Las Vegas wants to make you informed about all aspects of Parental Rights in Nevada. Browse through these questions and answers, and contact us if you have any unanswered questions.
There are no automatic requirements for the father to make child support payments. Child support is determined solely by the court’s evaluation of both parents’ financial circumstances and the child’s ongoing needs. Whether you have custody can also impact your child support obligations.
When the mother blocks visitation rights or demonstrates purposeful interference with the father’s allocated parenting time, it could lead to legal repercussions in favor of the father’s future court considerations. The court may modify custody arrangements to allow both parents to maintain a meaningful relationship with their child.
The court may grant different types of custody to fathers, depending on what is deemed to be in the best interests of the child. These arrangements can include sole custody, joint custody, or physical custody, with the final decision being based on the specific circumstances of the case and the child’s needs.
A paternity test can be a pivotal step. While it establishes biological fatherhood, it doesn’t automatically grant legal rights. You’ll need to take additional legal steps, such as filing a paternity action, to secure custody or visitation rights. This ensures the rights and responsibilities of the father are recognized and protected under the law.
Unmarried fathers are not second-class citizens in the eyes of the law. You have the same entitlement to seek custody and visitation rights as married fathers. However, you will typically need to establish legal paternity and fulfill certain legal requirements as a foundational step before pursuing these rights.
Not being named the father on the child’s birth certificate doesn’t automatically strip you of your parental rights, but it does make establishing legal paternity necessary – and more challenging. Nevada law provides specific pathways for you to assert your parental rights, such as undergoing processes like court-ordered paternity testing to legally play an active role in the child’s life.
When determining child custody arrangements, Nevada family courts dig deep, taking various factors into account. These factors include the nature of the child’s relationship with each parent, the emotional and physical needs of the child, and the ability of each parent to effectively meet those needs. By carefully considering these aspects, the court strives to make decisions that promote the overall welfare and happiness of the child.
Absolutely not. In Nevada, family courts are guided by the principle of the “best interests of the child.” Gender bias has no place in these decisions. Family courts assess each parent’s abilities impartially to ensure the child’s welfare in a safe, nurturing, and supportive environment.
A parent can opt to relinquish their parental rights but typically cannot voluntarily terminate their parental rights and obligations unless the court deems it to be in the best interests of the child. An order that terminates parental rights will cut off all aspects of the parent-child relationship, including rights and responsibilities such as providing child support. There are various factors to consider in relinquishing parental rights by choice, and our Parental Rights attorneys will review your unique circumstance to ensure you have met the statutory requirements and present your best case.
The grounds for terminating parental rights in Nevada are a bit complicated; however, Smith Legal Group is well-versed in the intricacies of Termination of Parental Rights. A court order that terminates parental rights requires finding(s) that the termination serves the best interest of the child, burden of proof has been met, and that there are specific grounds for termination of parental rights.
Typically, grounds for Termination of Parental Rights may include:
- Unfitness of the parent
- Risk of serious physical, emotional, or mental injury to the child if returned to the parents
- “Failure of Parental Adjustment”
Typically, determining neglect or unfitness of a parent involves the court considering whether the following conditions exist:
- Mental or emotional illness of the parent, rendering them consistently unable to care for their child’s needs for extended periods of time.
- Physically, sexually, or emotionally abusive conduct toward the child.
- Conduct rising to involuntary servitude of the child.
- Excessive use of drugs or intoxicating alcohol, rendering the parent consistently unable to care for the child.
- Continuous failure to provide the child with adequate food, shelter, clothing, education, or other care necessary for their health and development.
- Conviction of a felony indicating the unfitness of the parent to provide adequate care and control.
- A near fatality or fatality in certain circumstances.
- The child suffering a physical injury resulting in substantial bodily harm.
Inability of the appropriate agencies to reunite a family despite reasonable efforts.
Typically, incarceration is not sufficient evidence that supports abandonment by law. Many cases of the parent being imprisoned have resulted in a Termination of Parental Rights, while many others have not. Call our office today to discuss your specific circumstance.
Smith Legal Group can assist with the restoration of parental rights. The parent may petition the court in certain circumstances and have their parental rights restored. Smith Legal Group has been successful in re-establishing parental rights. Call our office today to discuss your specific circumstance.
If parental rights have been terminated by the State, an agency will seek placement of the child. The agency may give preference to placing the child with any relative “within the fifth degree of consanguinity.” If you have been contacted by an agency, or if your loved one has been placed by an agency, contact our office discuss your options.
Get Your Free Parental Rights Consultation
Smith Legal Group is happy to offer free consultations seven days a week to answer your questions and
learn more about your unique situation. Our team of experienced lawyers are ready to help you through this legal process. Contact us today to request a consultation.