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What is Termination of Parental Rights vs Legal Custody

David Cantor explains the Termination of Parental Rights versus Legal Custody in this short video:

Domestic matters of child welfare and adoption can complicate and dictate parental rights and child custody. Termination of parental rights refers to “termination of care or control of child custody” that’s often complacent and later coupled with challenges to the ruling on legal custody. The notion of terminating parental rights to the relationship of a child, then years later pursue to challenge that decision is a difficult road, but not impossible nor unheard of.

Termination of parental rights, hence terminating the care or control of child custody can occur during a lawful process of adoption, unwanted child births, and straightforward termination of custodial rights. Parents faced with terminating parental rights to child custody are often under some form of duress, which can lead to a legal challenge. Questioning the lawful termination of parental rights isn’t the same as questioning legal custody. The termination of parental rights is meant to lawfully or willfully remove challenging legal custody, but is further inclusive of a finer difference. “Lawfully” references those cases where parental rights had been terminated by court order, while “willfully” is referencing those parents who voluntarily terminated parental rights, to the relationship of a child.

If the termination of parental rights to child custody was willful, it’s unlikely the court would revisit a petition for vacating termination of parental rights. The cost, time, and psychological impact has an effect upon the responding parties. If evidence was provided that duress effected or influenced the decision for termination of parental rights, it could persuade the court to revisit the subject-matter, based upon that evidence. Cases where the court has ordered termination of parental rights, then petitioning to revisit and vacate that court order carries even a lesser chance of it happening. If the petitioner can provide evidence of duress, the case would eventually progress under statutes governing child custody. The petitioner in either scenario must prove regaining “parental rights” to the relationship of a child is essential, thus contributing to the well-being of that child.

The termination of parental rights to the relationship of a child, abandoning child custody and petitioning to regain those parental rights is an important decision. Local statutes may determine the length of time a case remains open or closed, but courts and child custody together amounts to legal hurdles and much expended time. These hurdles involve social workers, child custody investigators, guardian ad litems, and either background screenings or personal witnesses.

If you would like to speak with an attorney from the Cantor Law Group about the Termination of Parental Rights or Legal Custody, our offices can be reached 24 hours a day at (602) 254-8880. Or you can use our secure confidential email form.

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