What happens at the termination of parental rights hearing?

If the biological parent objects, then the court will hold a termination of parental rights hearing, to determine whether the parent’s rights should be permanently severed and whether the adoption should be approved. The court will consider the same grounds for termination discussed above.

Can a natural parent terminate their parental rights?

The natural parents of a child may be judged unable or unfit to care for their child. If such a ruling is rendered, consent of the natural parents to the termination of parental rights (and to the adoption or foster placement of the child) is not necessary. EXAMPLE: Judith has a child, Arthur, who is not the child of Hector, her husband.

When does a parent lose their parental rights?

While voluntary termination of parental rights is generally most common in domestic infant adoption, involuntary termination of parental rights is most commonly associated with foster care adoption. When a child enters the child welfare system, his or her parents do not immediately lose their parental rights.

Can you have visitation after termination of parental rights?

There is no legal right to visitation after termination of parental rights. The only way for you to maintain contact with your child is through permission of the legal parent (s) or guardian (s). For instance, voluntary termination is often used so a child can be adopted by new parents or a step-parent.

Can a parent object to the termination of parental rights?

If the court does determine that the parents’ rights are to be terminated, the parents have a right to appear and object at the termination hearing. At the termination hearing, CPS must prove by clear and convincing evidence that the parents are unfit and that it is in the child’s best interest that they never regain custody.

What does it mean to terminate parental rights in Michigan?

•Termination of parental rights (TPR) is the permanent, total, and irrevocable severance of the legal relationship between parent and child. •Some states have reinstatement of parental rights statutes, but Michigan does not. •Two decisions: statutory grounds and best interests.

Can a court take away a child’s parental rights?

The person is not legally the child’s parent anymore. Courts take away parental rights to protect children that are in very bad situations with their custodial parent. It is rare that a parent can start a process to take away the parental rights of another parent. (See last section of this fact sheet.)