WISCONSIN TERMINATION OF PARENTAL RIGHTS ATTORNEYS

Family Law ~ Termination of Parental Rights (TPR)

There are two ways to terminate parental rights, both ways involve a formal petition.  There is either a Voluntary Termination of Parental Rights Petition or an Involuntary Termination of Parental Rights Petition.  The party filing either petition is called the petitioner.  The parent whose rights are being terminated is the respondent.  

As a matter of public policy, a termination of parental rights (TPR), whether for one or both parents, is usually accompanied by a petition for adoption Even in a voluntary proceeding, the parent whose rights are being terminated would still need to be served with the documents.

Involuntary Termination of Parental Rights

If a parent disagrees with a petition to involuntarily terminate their parental rights, there are grounds—reasons—provided in the statutes to form a legal basis to terminate the parental rights of an individual.  Two of the more common grounds to terminate a party’s parental rights are abandonment or failure to assume parental responsibility.  If a parent maintains their opposition to terminate their parental rights, they have the right to have jury trial at which the petitioner must prove that grounds exist to terminate their rights.  Below is a complete list of the grounds to terminate a parent’s rights.

Grounds for Involuntary TPR:

  • Abandonment
  • Relinquishment
  • Continuing need of protection or services
  • Continuing parental disability
  • Continuing denial of periods of physical placement or visitation
  • Child abuse
  • Failure to assume parental responsibility
  • Incestuous parenthood
  • Homicide or solicitation to commit homicide of parent
  • Parenthood as a result of sexual assault
  • Commission of a felony against a child
  • Prior involuntary termination of parental rights to another child

Voluntary Termination of Parental Rights

In a Voluntary TPR proceeding one or both parents consent to the termination of their parental rights.  If a parent consents to their rights being terminated, the court still must conduct a dispositional hearing during which the court determines what is in the child’s best interests.

Dispositional hearing

When determining whether to terminate parent’s rights the court has several factors to consider.  None of the factors are more important than the others.  Instead, the prevailing factor is what is in the child’s best interests. 

If a court terminates a parent’s rights it permanently severs any legal ties between the parent and child.  Neither party are legally entitled to inherit from the other.  The termination also severs any legal obligation to financially support the child. 

Factors:

  • 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. 

Parental rights are among the most cherished and protected rights that people have.  Each case is fact-specific and involves important procedural steps that need to be followed.  HKK Law Offices is committed to helping you navigate through this complicated legal process. 

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