Termination of Parental Rights Lawyer in Las Vegas, NV

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:

• Neglect
• Abandonment
• 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.