Termination Of Parental Rights In Wisconsin

Parental rights in Wisconsin may be terminated voluntarily by consent, or involuntarily based on 12 statutory grounds, but the court will only grant the final order if it meets the best interests of the child.

Parental rights are among the most sacred and protected rights. There are instances, however, when the rights of parents may be terminated, sometimes stemming from removal of the child from the home involving child protective services. Additionally, there are instances when only one parent’s rights are terminated, preserving the other’s parental rights. This is typically in cases of a step-parent adoption. Parental rights may be terminated either voluntarily or involuntarily. This article will give an overview of the circumstances in which parental rights may be terminated. Later articles will provide a step-by-step process of a termination of parental rights proceedings.

Voluntary Termination of Parental Rights in Wisconsin

As mentioned previously, a parent may voluntarily terminate their parental rights. In those cases, the court must be certain that that parent is giving his or her consent to the termination and is aware of all the rights afforded to them, including a right to an attorney and a right to a jury trial.

Involuntary Grounds for Termination of Parental Rights (Wis. Stat. § 48.415)

If a petition to terminate a parent’s rights is filed and the party will not consent to the termination, the petition must be filed under certain statutory grounds, which are stated in Wis. Stat. 48.415. The grounds for an involuntary termination of parental rights are listed below followed by a brief description:

12 Statutory Grounds for Involuntary TPR

If a parent maintains their opposition to terminate their parental rights, they have the right to have a jury trial at which the petitioner must prove that grounds exist to terminate their rights. The grounds are:

1. Abandonment: A parent fails to communicate or visit with a child for a period of time and knows or is able to know the child’s whereabouts.
2. Relinquishment: A parent “gave up” their child when the child was 72 hours old or younger.
3. Continuing Need of Protection or Services: The child has been found to be a child in need of protection or services and is placed outside their home under a court order with conditions for the parent to meet to secure the child’s return, but has not done so and it is not likely to be achieved.
4. Continuing Parental Disability: A parent is and has been in-patient at a licensed facility for treatment for mental illness, developmental disability or other incapacities which are likely to continue indefinitely.
5. Continuing Denial of Placement or Visitation: Parent has been denied periods of physical placement under law and a year or more has passed and the order has not been modified.
6. Child Abuse: The parent caused death or injury to a child resulting in a felony conviction.
7. Failure to Assume Parental Responsibility: A parent who knows they may be a parent of a child and has failed to establish a substantial parental relationship in the child’s life.
8. Incestuous Parenthood: The parent whose rights are to be terminated is related to the other parent in a degree closer than a second cousin.
9. Homicide or Attempted Homicide of a Parent: A parent is a victim of a crime for homicide or attempted homicide.
10. Parenthood as a Result of Sexual Assault: A parent who conceived a child as a result of sexual assault as defined in the criminal code.
11. Serious Felony Against a Child: A child of the parent whose rights are to be terminated is a victim of a serious felony committed by that parent.
12. Prior Termination of Parental Rights: A prior petition for involuntary termination of rights had been granted following a previous order of a child being found in need of protection or services.

The Best Interests of the Child Standard

In either case—whether a parent voluntarily terminates their rights or grounds are met to terminate a parent’s rights—the court will not proceed to making the final order to terminate the rights unless it is in the child’s best interest. The prevailing standard when making such a significant decision is the best interest of the child involved.

The court must review several factors in each case to determine whether a permanent severance of a parent’s rights is appropriate. This best interest standard means the court carefully considers the child’s safety, stability, and future opportunities before making such a life-changing decision. Factors the court considers include:

• The likelihood of the child’s adoption after termination.
• The age and health of the child.
• Whether the child has substantial relationships with the parent or other family members and whether it would be harmful to the child to sever those relationships.
• The wishes of the child.
• The duration of separation of the parent from the child.
• Whether the child will be able to enter into a more stable permanent family relationship as a result of the termination.

Contact HKK Law Offices for Trusted Guidance on TPR

Termination of parental rights cases are some of the most sensitive and emotionally charged matters in family law. HKK Law Offices is committed to helping you navigate through this complicated legal process, offering clarity and supportive counsel every step of the way. Our compassionate legal team is recognized for always acting in the best interest of our clients, both inside and outside the courtroom. To learn more about how we might be the right fit for you, contact our office to schedule a complimentary consultation.

If you or someone you know is facing the possibility of termination of parental rights, don’t go through it alone. Call HKK Law Offices today at (262) 360-6930 to schedule a consultation and learn how we can help protect your family’s future.

This post was last updated on December 9, 2025.