Terminating Parental Rights In Tennessee
Termination of Parental Rights in Tennessee
When a child is born, the parents of the child automatically vest, or acquire, certain rights over the child. These rights include the legal and physical custody of the child. Parental rights are precious and losing them can be extremely difficult, but these rights may be relinquished, either voluntarily or involuntarily, if certain conditions are met.
This article explores how parental rights may be terminated in the state of Tennessee and, more specifically, how parental rights termination is handled in Franklin and Columbia.
Voluntary Termination of Parental Rights
Although less common than involuntary termination, parents may decide to relinquish their parental rights themselves.
Usually, a parent voluntarily opts to terminate their parental rights if they believe it is in the best interest of the child. While voluntary termination is not an easy decision, it is commonly done to facilitate the adoption of the child, either by a relative or through more conventional adoption procedures.
If you wish to relinquish your parental rights, it is not an easy process. In order to receive the mandatory court approval, you will need to:
- Appear before a judge.
- Sign a voluntary surrender of parental rights form.
- Prove that the termination is in the child’s best interests.
- Ensure the child has another party ready to assume all parental responsibilities.
An experienced attorney can aid you in filling out the forms and making a compelling case before a judge.
Involuntary Termination of Parental Rights
Terminating parental rights in Tennessee is most commonly done on an involuntary basis. If a judge receives sufficient evidence, and if it is deemed to be in the child’s best interest, parental rights may also be terminated against the parent’s will.
Before parental rights are terminated, the court must hold an adjudicative hearing to determine if and how the termination of parental rights is in the best interest of the child. If one or both parents contest the termination, more extensive court hearings and evidence investigations may be required, and the parents may need to hire an attorney to effectively contest the termination. If the parents do not contest the involuntary termination, the process tends to be faster.
Grounds for involuntary termination of parental rights in Tennessee include, but are not limited to, the following:
- Abandonment: The parent has failed to visit, engage in more than “token” visitation or make reasonable child support payments for the four consecutive months immediately prior to the filing of the petition for termination.
- Severe child abuse: The parent has been found to have committed severe child abuse against any child or failed to protect the child from severe child abuse.
- Incarceration: The parent has been incarcerated for more than two years for severe child abuse, or has been convicted of first or second degree murder of the child’s other parent or legal guardian, among other things.
- Removal of the child: The child has been removed from the parents’ home for six months, and either the conditions that led to the removal of the child persist or are unlikely to be remedied, or the continuation of the parent-child relationship greatly limits the child’s chances of having a stable home.
Parental Rights Termination in Franklin, TN
In Franklin, Tennessee, which is located within Williamson County, the core legal framework governing the termination of parental rights is established by Tennessee state law. This means that the fundamental rights at play and the grounds for termination align with the state’s regulations.
However, specific filing procedures and document management protocols vary according to the rules of each court. Parental rights cases in Franklin are usually handled by the Williamson County Juvenile Court or Williamson County Chancery Court.
Terminating Parental Rights in Columbia, TN
Similar to Franklin, the overarching legal process of terminating parental rights in Columbia is governed by Tennessee state law.
However, parental rights cases in Columbia are carried out under Maury County, so they will be held in Maury’s Chancery Court, Juvenile Court or Circuit Civil Court. Each Columbia court will also likely have its own local filing procedures and court rules.
How to Terminate Parental Rights in Tennessee
Whether sought voluntarily or involuntarily, the termination of parental rights is an irrevocable and serious act that requires careful consideration and comprehensive legal advice.
The voluntary termination of parental rights involves the following steps:
- Agreement to surrender: This involves discussions with your attorney and with the future guardians of your child, or with the adoption agency facilitating your child’s adoption.
- Preparation of documents: You will need to prepare the legal surrender documents.
- Court hearing: You will stand before a judge or equivalent official, who will witness you signing the surrender documents. The judge or official will interview you to ensure you understand all consequences of the termination and that you are pursuing it voluntarily.
- Court approval: It is mandatory that you receive court approval in order to terminate your parental rights. This will only be granted if the court deems it in the best interests of the child to proceed with the termination, and the proposed new guardians must usually be ready to assume all parental responsibilities before approval can be granted.
- Termination finalized: If the court approves your termination, it will issue an official Order of Termination of Parental Rights.
The involuntary termination of parental rights involves the following steps:
- Petition filed: In Franklin and Columbia, this is commonly done by the Tennessee Department of Children’s Services (DCS).
- Notification: The parent in question is formally notified of the petition.
- Appointment of Guardian Ad Litem: There is an official individual appointed to represent the child’s best interests.
- Discovery and preparation: Both parties will prepare for court by collecting evidence and documentation to support their case.
- Adjudicatory hearing: A hearing takes place to determine if there are grounds for termination.
- Best interest hearing: If grounds are established, a hearing is held to determine whether termination will be in the child’s best interest.
- Court order: If the termination is decided to be in the best interest of the child, and if the parent did not contest or their contest was unsuccessful, the court issues an Order of Termination of Parental Rights.
Frequently Asked Questions
Review these common questions about terminating parental rights in Tennessee:
How Long Does Parental Rights Termination Take in Franklin or Columbia?
Among other things, the length of a parental rights termination case varies depending on:
- The local courts’ case loads and backlogs
- The case’s complexity
- Whether a case is voluntary or involuntary
- Whether or not the parents contest the involuntary termination
- Local court resources
- Judge availability
What Courts Handle These Cases in Williamson and Maury Counties?
In Williamson County, parental rights termination cases are typically handled by the Williamson Chancery Court or Williamson Juvenile Court. In Maury County, these cases are handled by Maury County Chancery Court, Juvenile Court or Circuit Civil Court. Ultimately, the court chosen depends on the unique circumstances of each case.
How Much Do Termination Cases Cost in Franklin or Columbia?
Unfortunately, there is no way to determine how much a parental rights termination case will cost without assessing its unique circumstances.
In both Franklin and Columbia, the cost of a termination case depends on multiple factors, including:
- Your attorney fees
- Court filing fees
- Case complexity
Contact Fort, Holloway, & Saylor, LLC
At Fort, Holloway, & Saylor, LLC, we have extensive experience navigating family court processes in Franklin and Columbia, and can provide the trustworthy legal counsel you need to protect and enforce your rights.
If you or a loved one is facing the prospect of voluntarily terminating their parental rights, or of having them terminated involuntarily, contact Fort, Holloway, & Saylor, LLC today. Our team of experienced Franklin and Columbia parental rights lawyers can help you achieve the best possible outcome for your family.
