Termination of Parental Rights
Social Services Law 384b
Termination of Parental Rights
By J. Douglas Barics
Suffolk and Nassau County Family Court Attorney
A Defense of a Termination of Parental Rights Proceeding starts with Experienced Counsel
A termination of parental rights is the most severe matter that can be brought in Family Court as it strips all rights a parent has to their children. It is beyond a mere no visitation order, it means the biological parents are no longer considered the parents and have lost the right to petition the court for anything involving the children.
Like all Family Court matters, the Termination of Parental rights is broken into two parts, a fact finding hearing where the authorized agency must prove the elements alleged as to why the rights should be terminated. If the agency prevails, then a dispositional hearing will be held to determine what final disposition is in the interests of the child.
Do you or someone you know need representation in a Termination of Parental Rights proceeding in New York Family Court?
Contact us online or at (631) 864-2600.
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.