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What are the grounds for termination of parental rights in Tennessee?

On Behalf of | Jan 13, 2025 | Family Law |

Parental rights are fundamental and protected by the U.S. Constitution. However, these rights are not absolute, especially when a child’s welfare is at stake. In Tennessee, as in other states, the law provides for the involuntary termination of parental rights in certain situations.

Understanding involuntary termination

Involuntary termination is a court-sanctioned process that ends a parent’s legal rights and responsibilities towards their child. This is different from voluntary termination, which occurs when a parent chooses to give up their rights for adoption purposes or other personal circumstances.

A court may terminate a person’s parental rights when:

  • They fail to visit or support the child for a specific period, usually four consecutive months.
  • They don’t meet the requirements set by the Department of Children’s Services to reunite with their children.
  • The unsafe conditions that led to the child’s removal continue to persist and are unlikely to change.
  • The child experiences severe physical, sexual or emotional abuse based on a single incident or a pattern of behavior.
  • They receive a sentence of 10 or more years in prison, and the child is under 8 years old at the time of sentencing.
  • They have a mental condition that prevents proper care for the child and is unlikely to change in the foreseeable future.
  • When a father hasn’t taken steps to legally establish or exercise parental rights within 30 days of receiving notice of paternity or birth of the child, whichever is later.

The process for involuntary termination of parental rights typically involves filing a petition with the appropriate juvenile court. Qualified parties include the Department of Children’s Services, a licensed child-placing agency or a prospective adoptive parent.

The parent(s) must receive a notice of the petition and their rights in the process. During the hearing, the judge determines if grounds exist and if termination is in the child’s best interest.

Professional legal advice is crucial

Involuntary termination of parental rights is one of the most serious actions a court can take in family law. If you’re involved in such a case – whether as a parent, a potential adoptive parent, or another interested party – it’s crucial to understand your rights and responsibilities under Tennessee law. An attorney can guide you through this complicated process.

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