What you need to know about Private Termination of Parental Rights
In Iowa, the parents of a minor child have certain obligations and rights toward their child. Those rights include making various decisions about the medical care, education, and religious instruction of the child. Parents also have the right to decide where their child will live and to receive school, medical, or law enforcement records for their child.
However, under certain circumstances, parental rights can be terminated. Once parental rights have been terminated, the parent no longer holds the right to receive information about or make decisions regarding the child. As far as the law is concerned, the termination of parental rights ends the parent-child relationship.
Only a judge can decide to terminate parental rights. An action to terminate parental rights can come in two forms: (1) from the Iowa Department of Health and Human Services or (2) a private action by an individual. Private individuals who may petition the court to terminate parental rights include a parent or prospective parent as well as a custodian or guardian of the child.
A court will generally not allow a parent to give up their parental rights to avoid paying child support.
The grounds for terminating parental rights include:
- A signed agreement to release custody by a parent;
- Safety or security concerns for the child; or
- The other parent has abandoned the child.
A parent will be deemed to have abandoned a child if they have not maintained substantial and repeated contact with the child which must include a reasonable contribution toward support of the child as well as monthly visits, regular communication, or living with the child for a period of 6 months in the year before the termination hearing.
The court will also consider the following when determining if rights should be terminated:
- Failing to pay child support as ordered by the court without good cause;
- The parent does not object to the termination;
- The parent has a substance use disorder, has committed more than one domestic abuse assault, and has abducted or improperly retained or removed the child;
- The parent is in prison for a crime against the child or another child;
- The parent is in prison and will likely be there for more than 5 years;
- The parent has been convicted of a felony sex offense against a minor; or
- The court finds the child was conceived of sexual abuse.
Ultimately, a hearing will take place for witnesses and evidence to be presented, so the judge can make a final decision. A guardian ad litem will also be appointed. The guardian ad litem is an attorney whose role is to talk with the parents and the child to provide the court with a recommendation of whether terminating parental rights is in the best interests of the child. After the hearing, the court will take time to decide whether or not to terminate parental rights.
Terminating parental rights is a difficult process legally and emotionally. If you need help with a case involving termination of parental rights, give Miller & Evans a call at (515) 809-9699.