When going through a separation or divorce it is important to ensure that your children’s welfare is being considered. There can be difficult decisions that need to be made to make sure your children feel supported through this process. The decision to terminate parental rights can weigh heavily, however, knowing when this may be necessary and the process of doing so is important.
Understanding your options when it comes to parental rights can be emotionally challenging however, speaking with an experienced family lawyer can help your family come to the best decision.
When to terminate parental rights
Keeping the best interests of children in mind when making difficult decisions is important. In Ontario, when making decisions about parenting arrangements many things are considered such as where children will live, the amount of time spent with parents, and who will make the major decisions. However, circumstances may change in a separation or divorce that requires termination of parental rights.
When considering if parental rights should be terminated, you want to ensure the safety of the children in question. Looking at whether there is abuse, failure to support the child, drug or alcohol abuse, criminal convictions, breakdown of communication between parent and child, or inability to follow custody or childcare agreements are all important circumstances to consider for the welfare of your child. The termination of parental rights is not simple or easily reversible, so a judge will be looking for proof that the parent should not have rights concerning a child. Speaking with an experienced lawyer can help you understand the risks and benefits of bringing a case to court as well as the process of proceeding with your case.
How to terminate parental rights
The decision to terminate parental rights does not come lightly and is not easily reversed.
In Ontario, a judge will determine if parental rights need to be terminated whether an individual wants to terminate parental rights voluntarily or involuntarily. There are many reasons that someone may want to voluntarily terminate their parental rights however, in Ontario, there is a requirement to prove to a judge that there is an adequate reason to terminate your parental rights. Speaking with a lawyer can help you understand your parental rights and responsibilities as well as your options.
When it comes to involuntarily terminating parental rights the judge will look at the well-being and safety of the child or children in question to determine if there are grounds to terminate parental rights. While it may be frustrating and cause financial hardship, in Ontario the failure to pay child support would not be grounds to terminate parental rights. The judge will look at the emotional well-being and health of the child as well as the living situation and parenting skills of each parent. Each case is complicated and requires the individual examination of the judge to ensure that the child’s welfare is being properly represented. Having an experienced family lawyer that ensures that your child’s safety and well-being are represented fairly is important. Speaking with an experienced lawyer can ease some of the burden involving the termination of parental rights.
Overall, the judge is looking to make a decision that suits the needs of the children involved. While it can be a long and frustrating process, ensuring the safety and welfare of your child is of utmost importance.
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This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.