Knoxville Termination of Parental Rights Attorney

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Terminating parental rights is a serious legal matter that can have profound implications for both parents and children. In Tennessee, the termination of parental rights is governed by state law. Understanding who can terminate parental rights and what happens if you get served with a termination petition is crucial for anyone involved in such proceedings.

Who Can Terminate Parental Rights?

1. Voluntary Termination: A parent can voluntarily terminate their parental rights by filing a petition with the court. This is often done in cases where a parent believes it is in the best interests of the child, such as in cases of adoption.
2. Involuntary Termination: Involuntary termination of parental rights can be initiated by various parties, including the Department of Children's Services (DCS) or a relative of the child. Grounds for involuntary termination can be found in T.C.A. § 36-1-113. While there are various and numerous grounds for termination of parental rights, we dissect the statute below.

On What Grounds Can A Peition to Termination of Parental Rights Be Filed For In Tennessee?

Under Tennessee law, the grounds to file for a petition to terminate parental rights can be found in T.C.A. § 36-1-113. According to the statute, both the grounds and considerations which courts consider are as follows:

1. Abandonment by the parent or guardian has occurred.
2. There has been substantial noncompliance by the parent or guardian with the statement of responsibilities in a permanency plan.
3. The child has been removed from the home or the physical or legal custody of a parent or guardian for a period of six (6) months by a court order, and certain conditions persist.
4. There is little likelihood that conditions leading to the child's removal will be remedied at an early date so that the child can be safely returned to the parent or guardian.
5. The parent or guardian has been found to have committed severe child abuse.
6. The parent or guardian has been sentenced to more than two (2) years' imprisonment for conduct against a child.
7. The parent has been confined in a correctional or detention facility of any type, by order of the court as a result of a criminal act, under a sentence of ten (10) or more years, and the child is under eight (8) years of age at the time the sentence is entered by the court.
8. The parent has been convicted of first degree or second degree murder of the child's other parent.
9. The parent has been found civilly liable for the intentional and wrongful death of the child's other parent.
10. The parent or guardian is mentally incompetent to adequately provide for the further care and supervision of the child because of a present mental condition.
11. Failure to make reasonable and consistent payments for the support of the child.
12. Failure to seek reasonable visitation with the child, and if visitation has been granted, has failed to visit altogether, or has engaged in only token visitation.
13. Failure to manifest an ability and willingness to assume legal and physical custody of the child.
14. Placing custody of the child in the person's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child.
15. Failure to file a petition to establish paternity of the child within thirty (30) days after notice of alleged paternity, or as required in § 36-2-318(j).
16. Parent has been convicted of aggravated rape pursuant to § 39-13-502, rape pursuant to § 39-13-503, or rape of a child pursuant to § 39-13-522, from which crime the child was conceived.
17. Parent has been convicted of severe child sexual abuse under any prior order of a criminal court.
18. Parent has been convicted of trafficking for commercial sex act under § 39-13-309.
19. Parent has been convicted on or after July 1, 2015, of sex trafficking of children or by force, fraud, or coercion under 18 U.S.C. § 1591, or a sex trafficking of children offense under the laws of another state that is substantially similar to § 39-13-309.
20. Failure to manifest, by act or omission, an ability and willingness to personally assume legal and physical custody or financial responsibility of the child, and placing the child in the person's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child.
21. Conviction of attempted first degree or second degree murder of the child's other parent or legal guardian.
22. Failure to effect a lasting adjustment of circumstance, conduct, or conditions as to make it safe and in the child's best interest to be in the home of the parent or guardian.
23. Failure to maintain regular visitation or other contact with the child.
24. Showing brutality, physical, sexual, emotional, or psychological abuse, or neglect toward the child, or another child or adult in the family or household.
25. Unsafe or unhealthy physical environment, criminal activity in the home, or such use of alcohol, controlled substances or controlled substance analogues as may render the parent or guardian consistently unable to care for the child in a safe and stable manner.
26. Parent's or guardian's mental and/or emotional status would be detrimental to the child or prevent the parent or guardian from effectively providing safe and stable care and supervision for the child.
27. Failure to pay child support consistent with the child support guidelines promulgated by the department pursuant to § 36-5-101.
28. Failure to file a petition to establish paternity of the child within thirty (30) days after notice of alleged paternity.
29. Failure to provide notice to the Tennessee putative father registry.
30. Conviction of aggravated rape pursuant to § 39-13-502, rape pursuant to § 39-13-503, or rape of a child pursuant to § 39-13-522, from which crime the child was conceived.
31. Conviction of severe child sexual abuse under any prior order of a criminal court.
32. Conviction of trafficking for commercial sex act under § 39-13-309.
33. Conviction on or after July 1, 2015, of sex trafficking of children or by force, fraud, or coercion under 18 U.S.C. § 1591, or a sex trafficking of children offense under the laws of another state that is substantially similar to § 39-13-309.
34. Failure to manifest, by act or omission, an ability and willingness to personally assume legal and physical custody or financial responsibility of the child, and placing the child in the person's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child.
35. Conviction of attempted first degree or second degree murder of the child's other parent or legal guardian.
36. Failure to effect a lasting adjustment of circumstance, conduct, or conditions as to make it safe and in the child's best interest to be in the home of the parent or guardian.
37. Failure to maintain regular visitation or other contact with the child.
38. Showing brutality, physical, sexual, emotional, or psychological abuse, or neglect toward the child, or another child or adult in the family or household.
39. Unsafe or unhealthy physical environment, criminal activity in the home, or such use of alcohol, controlled substances or controlled substance analogues as may render the parent or guardian consistently unable to care for the child in a safe and stable manner.
40. Parent's or guardian's mental and/or emotional status would be detrimental to the child or prevent the parent or guardian from effectively providing safe and stable care and supervision for the child.
41. Failure to pay child support consistent with the child support guidelines promulgated by the department pursuant to § 36-5-101.
42. Failure to file a petition to establish paternity of the child within thirty (30) days after notice of alleged paternity.
43. Failure to provide notice to the Tennessee putative father registry.

What Information is Included In A Petition to Terminate Parental Rights

In Tennessee, a petition to terminate parental rights must include information such as the names and addresses of the petitioner and the child, the grounds for termination, a statement of the specific acts or omissions upon which the grounds are based, the names and addresses of the parents, legal guardian, or custodian of the child, the names and addresses of any other person or agency having custody or visitation rights, the names and addresses of the child's guardian ad litem or attorney ad litem, a statement regarding whether the child is an Indian child under the Indian Child Welfare Act, a statement regarding whether the child is the subject of a pending dependency or neglect petition or proceeding, and a statement regarding whether any party has requested a change of custody of the child within the past year. 

What Happens if You Get Served?

1. Notice: If a petition for termination of parental rights is filed against you, you will be served with a copy of the petition and a summons, notifying you of the legal action and your right to respond.
2. Response: You will have a specified period (usually 30 days) to file a response to the petition, in which you can admit or deny the allegations and assert any defenses you may have.
3. Hearing: The court will schedule a hearing where both parties can present evidence and arguments. The court will consider the best interests of the child in making its decision.
4. Outcome: If the court finds that grounds for termination of parental rights exist and that termination is in the best interests of the child, it may enter an order terminating your parental rights. This means you will no longer have any legal rights or responsibilities to the child.

Conclusion

Termination of parental rights is a complex legal process that requires careful consideration and understanding of the law. If you are facing a termination of parental rights proceedings in Tennessee, it is important to seek legal advice from an attorney who can help you navigate the process and protect your rights. If you need assistance with a termination of parental rights case in Tennessee, Herrera, Reilly & Associates, PLLC is here to help. We are a Knoxville family law firm that focuses on divorces, child custody, and Tennessee family law matters. Please call us at (865) 657-1385 anytime. 

If you have been served with a petition to terminate parental rights by the Tennessee Department of Children's Services or if you are seeking to file a petition, give our office a call today. You can also book a free consultation online.

DISCLAIMER: The information above is not intended as legal advice but rather for educational/opinion purposes only. If you seek legal advice, contact an attorney. By viewing this information/website, you are agreeing that no attorney-client relationship exists or has been created.