Indiana Family and Divorce Attorney Giving You the Representation You Need to Protect Parental Rights During Termination

One of the closest relationships a person will ever have is with their children. While relationships come and go, the parental bond can never be broken. While a parent may always love their child, they may not always be able to be in their lives. Sometimes this is for practical reasons. People travel for business or work long hours. In divorce cases, one parent may receive greater custody than the other. However, sometimes, a parent faces not being in their child’s life at all.

Though rare, there are some circumstances in which the state may decide someone is not fit to be a parent. The state can involuntarily terminate a person’s parental rights in these cases. This may be the most frightening thing that can happen to a parent. If the state begins the process of terminating your parental rights, it’s vital you act quickly and proactively to make sure you do not lose your children.

What is Involuntary Termination of Parental Rights in Indiana?

Involuntary termination of parental rights occurs when the state determines an individual is so unfit to be a parent they may potentially endanger a child’s safety, well-being, and life. Most states are willing to give biological parents numerous chances to demonstrate they are or can become fit parents. This may include parenting classes, supervised visits, or granting majority custody to another parent. Only 1% of children will ever experience one or both of their parents having their rights involuntarily terminated.

For the state to determine involuntary termination is necessary, an individual must have engaged in behavior considered to be highly reckless, criminal, and detrimental to the health and safety of a child. This can include but are not limited to:

  • Severe Physical Abuse
  • Severe Neglect Resulting in Physical Danger
  • Sexual Abuse
  • Trafficking or Allowing the Child to be Trafficked
  • Depriving the Child of Food and Medical Attention
  • Living With Another Adult Who Poses an Imminent Danger to the Child
  • Allowing/Encouraging a Child to Engage in Criminal Acts

In some instances, the state may also begin involuntary termination proceedings if a child is born with severe health problems as the result of drug or alcohol abuse, such as fetal alcohol syndrome.

What Happens if the State Decides to Terminate my Parental Rights?

If the state learns or determines involuntary termination of parental rights may be necessary, they will remove the child(ren) from a parent’s custody pending an investigation. If both parents live in the same household, the child(ren) may be placed with another relative or put into state protection. If the parents are divorced or separated and only one is determined to pose a danger, the child(ren) may be placed with their other parent.

Following the removal of a child(ren), the state will begin court proceedings to determine whether involuntary termination is necessary to protect the child(ren).

Even if the court decides a preliminary removal of the child from a home is necessary, it will still look for ways to keep the family intact. This may include requiring a parent to complete specific requirements to have their rights restored. These include but are not limited to:

  • Psychological Counseling
  • Drug and Alcohol Counseling
  • Supervised Visits with a Child Welfare Representative

In some instances, the court may decide there are no circumstances under which an individual may be a fit parent. In these cases, the court will involuntarily terminate parental rights. Again, this only happens in about 1% of cases. In order for the state to involuntarily terminate someone’s parental rights, they must establish:

  • The Parent is an Ongoing Danger to the Child
  • Family Services Conducted a Thorough Investigation
  • Efforts Were Made to Improve the Situation
  • These Efforts Were Reasonable
  • All Efforts to Improve the Situation Have Failed

If a case meets all these criteria, the state may terminate an individual’s parental rights.

How Can I Protect My Parental Rights During Termination Proceedings in Indiana?

Every decision you make counts if the state attempts to terminate your parental rights. You must demonstrate your suitability as a parent and counter claims against you. Once you learn the state intends to begin proceedings, it’s vital you:

  • Hire an Attorney
  • Cease Any Adverse Activity
  • Address the Court’s Concerns
  • Gather Evidence Demonstrating Positive Parenting
  • Cooperate with the Authorities
  • Build a Case Against the State

Just because the state decides to begin proceedings does not mean you will lose parental rights. The purpose of an investigation and subsequent hearing will to be determine if you can keep your child. Individuals can demonstrate their suitability to parent throughout these proceedings. An individual will also be given the opportunity to work with child welfare services and the state to address lingering concerns. Termination of parental rights is generally considered a last resort. The state recognizes a child’s parents are usually their best caregivers. Additionally, the state does not want the responsibility of caring for another child in the system.

While termination is rare, proceedings usually mean the state has a reasonable belief that a child’s welfare may be at stake. If circumstances have reached a point where the state is considering terminating parental rights, there is a good possibility it will happen. This is why hiring an attorney experienced in family law is vital.

What Should I Do if I Am Facing Involuntary Termination of Parental Rights in Indiana?

It is rare for the state to begin termination proceedings. If proceedings start, there is a good chance you may lose your parental rights. This is why it’s imperative you hire an experienced attorney right away. If you or a loved one are facing losing your parental rights, immediately contact the attorneys of Deidra N. Haynes LLC, located at 9785 Crosspoint Blvd, Suite 104, Indianapolis, Indiana 46256.

Deidra N. Haynes is experienced in family law. She knows what the state will be looking for to make its decision regarding someone’s parental rights. She can help you build a case for why you should keep your child(ren) and fight any case the state may bring against you. She understands children belong with their parents and will fight any claims to the contrary.

Losing their children is every parents’ worst fear. Deidra N. Haynes will fight to help make sure it doesn’t happen to you. If you or a loved one are facing termination of parental rights, contact Deidra N. Haynes right away at 317-785-1832 or email her for a case evaluation. She can help keep your family together.