How Can Parental Rights Be Terminated In Mississippi?

Terminating parental rights is the complete severing of parental rights from a legal standpoint. Once parental rights are revoked, the parent no longer has a legal say with the child and is no longer allowed to be involved in any decisions regarding the child. 

Termination of parental rights is an extremely serious step. For the courts to make this decision, there must be substantial proof that the child or children are endangered. There are a variety of things that can serve as grounds for terminating parental rights. In this article, we’ll discuss how those rights can be removed. 

At Campbell Law, we are committed to helping our clients fight for and protect their children. Contact us today to schedule a free consultation if you need representation or advice on family law matters. If you need immediate service, we offer 24/7 real-time assistance.

What Does Termination of Parental Rights Mean?

Parents have certain rights when it comes to their children. Parents can make important decisions about their children’s lives, including where they go to school, how they’re raised, and who they grow up around. When parental rights are terminated, you’re essentially stripping those rights away. That parent then loses all say and power in how the child is raised.

If your parental rights are revoked, you’re no longer considered to be your child’s parent from a legal standpoint. This extends to all areas where someone may have parental responsibilities, including paying child support.

Grounds to Terminate Parental Rights

It is important to note that courts do not allow parents to give up parental rights simply to avoid paying child support or fulfilling their duties as a parent. Mississippi courts terminate parental rights in circumstances where the child is benefited the most by the termination.

In the state of Mississippi, many factors can be grounds for terminating parental rights. To meet the grounds for termination, there must be proof to whichever extent is required.

1. Repeated Abusive Acts

Some courts may require abusive acts to be severe or chronic. However, abusive acts by a parent can be dangerous and scary for a child. It’s important to remember that if the parent in question has more than one child, even if the other children are not yours, abusive acts to any child can serve as grounds for terminating parental rights for all children.

If you are aware of abusive actions, we recommend you speak with an attorney today to start the process of legally protecting your child. 

2. Abandonment

A parent’s abandonment of a child can be grounds for terminating parental rights. The timeline to be considered abandonment is based on the child's age. A child under the age of three is considered abandoned by their parents if contact has not been made for at least six months. For children over the age of three, it is considered abandonment after a year.

3. Agency Custody of Child

If a state agency, such as the foster care system, has had custody of the child for over 12 months and has been unsuccessful in reinstating the child into the parent’s home, parental rights could be terminated. With agency custody of a child, grounds for the termination of parental rights could also be met if the parent or parents have not visited the child during the 12-month period. 

4. Long-Standing Addiction

A parent with a long-standing drug or alcohol addiction can have a life-long negative impact on a child. Depending on where you are, long-standing addiction on its own may be grounds for terminating parental rights. In other places, the individual in question may have to fail a court-ordered treatment program. 

5. Mental Incapacity

Some parents struggle with mental illness(es), which prevents them from being able to fulfill their parental duties. In extreme cases where children’s needs are not being met, and the child's safety is in question, you may have grounds to seek termination of parental rights. 

6. Disintegration of Parent-Child Relationship

Using the disintegration of a parental relationship as grounds for terminating parental rights usually requires a child to be old enough to express their feelings and opinions. The disintegration of a parent-child relationship is traditionally defined as hatred or apathy expressed by the child towards the parent in question due to the parent’s attitude or conduct, such as neglect or abuse. 

If a child does not wish to see or interact with their other parent due to their treatment, those feelings could also serve as grounds for the termination of parental rights. 

7. Neglect

There are multiple ways that neglect can qualify for revoking parental rights. For instance, if the parent is unwilling to provide food, clothing, shelter, or appropriate medical care. Failing to visit or communicate with the child regularly can also be considered grounds for the termination of parental rights. 

8. Criminal Conviction

Being convicted of criminal offenses against any child can be grounds for termination of parental rights. These offenses include rape, sexual battery, child exploitation, felonious abuse or battery of a child, etc.

At the end of the day, children deserve to grow up in a safe and nurturing environment, but they can’t always fight for themselves. At Campbell Law, our family law attorneys fight for you and the rights of your child, and that includes pursuing the termination of another parent’s rights. You can have peace of mind knowing your case is being handled by professionals with your child’s best interests in mind.

Consult a Family Law Attorney

Terminating parental rights is a very serious step that the courts do not take lightly. Additionally, this process can be complicated and time-consuming. You have to make sure you gather enough substantial proof and file the petition correctly. It’s one thing to file to terminate parental rights, and it’s a whole other thing to be successful. Without the right knowledge or resources, you may struggle throughout the process. 

If you’re concerned about your child’s well-being, getting in touch with an attorney to discuss what options you may have to protect your child is a good first step to take. 

Campbell Law has represented hundreds of family law cases in Mississippi for the past ten years. Schedule a free consultation today to learn how family law attorney Jason Campbell may be able to help you.

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