Termination of Parental Rights

Social Services Law 384b

Termination of Parental Rights

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Do you or someone you know need representation in a Termination of Parental Rights proceeding in New York Family Court?

Termination of Parental Rights Proceedings in New York Family Court

What you need to know about Termination of Parental Rights

Can I file to terminate the parental rights for my child’s other parent?

No, only an authorized agency may file a termination of parental rights.

When can an authorized agency file for a termination of parental rights?

Children’s protective services can file for a termination of parental rights after the child has been in foster care for one year.

What are the grounds to commit the guardianship of a child with social services?

Both parents are dead
The child has been abandoned for a period of six months immediately prior the date the petition is filed
The parents of the child are mentally ill
The parents have permanently neglected the child
The parents have severely abused the child

What is the fact finding hearing?

The fact finding hearing is when the agency must prove one or more of the grounds based upon clear and convincing evidence.

What is the dispositional hearing?

The dispositional hearing occurs only if the agency won at the fact finding. The dispositional hearing determines if the parental rights should be terminated.

A close family member is having their parental rights terminated. Can I join the case to help keep the children with family members?

Yes. A non parent can request to intervene in the termination of parental rights proceeding.

Contact Our Family Court Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any termination of parental right proceedings, no matter how challenging or complex. With over 25 years of Family Court experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled family Court lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.

Family Court Overview

Established in 1962, Family Court is authorized by statute to hear specific types of cases. It is a court of limited jurisdiction, with its authority expressly created by the Family Court Act.

Juvenile Delinquency

Juvenile Delinquency matters are governed by Article 3 of the Family Court Act. Juveniles who are accused of acts which would constitute a crime if they were adults are handled in Family Court.

Child Support

Child support is authorized under Article 4, with section 413 governing child support. This provision mirrors the Domestic Relations Law 240(1-b), which is used in Supreme Court.

Spousal Support

Spousal support is authorized under Family Court Article 4, with section 412 governing. Any award of support from Family Court will be non durational and last until modified or terminated by a later court order.

Enforcement

Enforcement of support awards is authorized under Article 4 of the Family Court Act. It offers a variety of enforcement mechanisms including incarceration for up to six months.

Paternity

Paternity proceedings is authorized under Article 5 of the Family Court Act. If paternity is not established at the birth of a child, the Family Court can issue an order declaring the father of the child.

Custody

Custody proceedings are governed by Article 6 of the Family Court Act. Initial custody determinations are made on the best interests of the child, with neither parent having a presumptive right to custody.

Modification of Custody

Custody modification proceedings are governed by Article 6 of the Family Court Act. A modification requires both a change in circumstances and showing the modification is in the child's best interests.

Relocation

A request by the custodial parent for a significant move is governed by Article 6 of the Family Court Act. Relocation will be determined on the best interests of the child.

PINS Proceedings

Article 7 of the Family Court Act authorizes a parent to file a proceeding against their children, alleging they are a Person In Need of Supervision (PINS).

Family Offense

Family Court Act Article 8 authorizes a family member, as defined by the statute, to seek an order of protection against a family member or someone they have a close relationship with.

Conciliation

Article 9 of the Family Court Act allows married people to file a petition, requesting that Family Court provide services to assist them with their marriage.

Child Neglect and Abuse

Article 10 of the Family Court Act allows authorized agencies to commence child neglect or abuses cases in Family Court.

Termination of Parental Rights

An authorized agency may commence a petition under Family Court Act Article 10 and Social Services Law 384b to terminate the parental rights against parents whose children are in foster care.

Objections to Support Order

A party may file objections to a support magistrate's support order and have it reviewed by a judge. An appeal may only be taken from a judge's order deciding objections.

Family Court Appeals

Appeals from Family Court are governed by a different set of rules than most other appeals.