Parental Rights Lawyers

serving clients in Henderson, Las Vegas and other Clark County, NV cities

Termination of parental rights is not to be taken lightly. Once the court orders the rights of a parent to be terminated, all aspects of the parent-child relationship become severed, including any rights or obligations to pay child support from that date forward.

Typically, a parent cannot voluntarily terminate their own rights unless the court deems it in the child’s best interest, there’s an adoptive resource, or other relevant factors are presented.

Smith Legal Group frequently receives questions from Nevadans about terminating parental rights. If you don’t see your question listed below, don’t hesitate to contact us. Let our experienced counsel of parental rights lawyers guide you this complicated legal process.

Call (702) 410-5001 for a free consultation to learn more about your parental legal rights.

Can a parent relinquish their parental rights by choice?

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.

There are various factors to consider in relinquishing parental rights by choice.

Your parental rights lawyer will need to review various factors to ensure you’ve met statutory requirements and present the strongest case when choosing to relinquish parental rights.

What are the grounds for terminating parental rights?

A Nevada 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”

Other factors specific to your case may also need consideration.

How is neglect or unfitness of a parent determined?

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.

Can a parent lose parental rights for being incarcerated?

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.

How can parental rights be restored?

The parent may petition the court in certain circumstances and have their parental rights restored. To be successful in re-establishing parental rights, you should be represented in court by a seasoned family lawyer.

Where will children be placed once rights are terminated?

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.

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Further Reading

family law adoption concept
Adoption
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Fathers’ Rights
family law mother's rights concept
Mothers’ Rights
family law termination parental rights concept

Smith Legal Group has handled hundreds of parental rights termination cases in Nevada.

Our attorneys are well-versed in how to obtain a court order terminating parental rights, as well as how to fight the termination of parental rights.

We can assist if you believe terminating parental rights—whether yours or the other parent’s—is necessary, or if you’ve experienced wrongful termination of your rights.

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