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Sheboygan Location:
608 N 6th Street, Sheboygan, WI 53081
Random Lake Location:
400 First Street, Random Lake, WI 53075
Mequon Location:
1017 W Glen Oaks Lane, Suite 161 & 162, Mequon, WI 53092
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.
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.
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 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:
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. Watch for later articles for an in depth review of the process for termination of parental rights.
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Sheboygan Location: 608 N. 6th Street, Sheboygan, WI 53081
Random Lake Location: 400 First Street, Random Lake, WI 53075
Mequon Location: 1017 W Glen Oaks Lane, Suite 161 & 162 Mequon, WI 53092
FAX: (920) 994-2741
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