What Is the Process for Terminating Parental Rights in Nebraska?
Parental rights refer to the legal rights and obligations that a parent has towards their child. These include the right to make decisions about the child's upbringing, education, and medical care, as well as the obligation to provide financial support for the child. However, there may be occasions where parental rights should be terminated if a parent is deemed unfit to care for their child.
In Nebraska, there is a strict process in place for terminating parental rights. Terminating parental rights can have significant implications, and any decisions should be made in the best interest of the child. Whether you're a parent, family member, or legal guardian, it is important to fully understand how the law operates in these situations.
At Abrahamson Law Office, we understand that matters involving parental rights are deeply emotional, sensitive, and complex. Below, we provide an overview of what parental rights are and outline the key aspects of terminating parental rights in Nebraska.
Understanding Parental Rights in Nebraska
Parental rights provide legal responsibilities and privileges to parents, including the care, upbringing, supervision, and custody of their children. Terminating these rights ends the legal relationship between parent and child entirely. This means the parent is no longer responsible for financial support or decision-making, and the child is no longer entitled to inherit from that parent.
Due to the gravity of this action, Nebraska law establishes strict criteria and procedures to handle cases involving the termination of parental rights, and any determinations for terminating a parent's rights must have good reason and be made in the child's best interests.
Grounds for Termination of Parental Rights
In Nebraska, parental rights can only be terminated in certain situations. Some of the common reasons for terminating a parent's rights include the following:
Abandonment: If a parent has abandoned their child for six months or longer without any contact or support.
Neglect or abuse: If a parent has failed to provide proper care and attention for their child or has physically harmed or emotionally abused their child.
Failure to support: If a parent has failed to financially support their child for six months or longer without just cause.
Felony conviction: If a parent has been convicted of a specific serious felony, such as murder, sexual assault, or child abuse. Additionally, if a parent is sentenced to serve 18 months or more in prison, the court may determine that it would be in the best interest of the child to terminate parental rights.
Mental incapacity or illness: If a parent is deemed mentally incapable of caring for their child due to mental illness or developmental disability.
Terminating parental rights can be either voluntary or involuntary, depending on the circumstances. Both processes require court oversight and adherence to Nebraska state law. The court's guiding principle in these cases is always the "best interest of the child."
Voluntary Termination of Parental Rights
A voluntary termination typically occurs when a parent consents to relinquish their rights. This often arises in the context of adoption or when a parent believes they are unable to provide the necessary care and stability for their child. To proceed, the parent must file a petition with the court and formally request the termination of their rights.
Voluntary terminations require the parent to sign documents affirming their understanding of what relinquishing their rights entails. The court will closely examine the situation to make sure the decision is made voluntarily and without coercion. Additionally, the court must verify that the termination serves the child’s best interests and that suitable arrangements, such as adoption, are in place to guarantee the child’s long-term well-being.
Nebraska courts will always exercise caution before granting termination, even in voluntary cases. Parental rights are not taken lightly, and in most cases, the court will encourage solutions that allow the parent to remain involved in the child's life unless termination is deemed necessary.
Involuntary Termination of Parental Rights
An involuntary termination, on the other hand, occurs when the court determines that a parent is unfit or unable to fulfill their responsibilities. This process is often initiated by another party, such as a child welfare agency or the other parent, and is often seen in cases involving neglect, abuse, or abandonment.
Under Nebraska law, certain grounds must be established before the court will consider involuntary termination of parental rights. These grounds may include abuse or neglect, abandonment, substance abuse, such as drug or alcohol abuse, failing to support or maintain contact with the child, or evidence of domestic violence or severe instability in the parent's household.
Once one or more of these grounds are established, the petitioner must also demonstrate that terminating the parent's rights is in the child's best interests. This requirement helps make sure that the process prioritizes the child’s safety, security, and future opportunities.
Steps for Terminating Parental Rights in Nebraska
Whether you're facing voluntary or involuntary termination, terminating a parent's rights often involves multiple steps. While the specific steps may vary depending on the circumstances of your case, most cases will include the following general steps:
File a petition: A petition must be filed in the appropriate Nebraska family court. This document outlines the reasons for seeking termination, whether it is voluntary or involuntary.
Notice to all parties: The parent(s) whose rights are in question must be notified of the petition and subsequent hearing. This provides them with an opportunity to respond and participate in the case, if necessary.
Hearing before a judge: During the hearing, evidence will be presented by all the parties involved. This may include testimonies from the parent(s), social workers, medical professionals, and others who have knowledge of the child's circumstances.
Court evaluation: The judge will evaluate the presented evidence and information to determine whether the criteria for termination have been met. They will weigh the child’s needs, the parent's circumstances, and any applicable statutory requirements.
Final decision: If the court determines that termination is warranted and aligns with the child’s best interests, an order will be issued to terminate the parent's rights.
It’s important to note that the court's decision can have lasting implications. For example, the termination of parental rights can facilitate a future adoption but also permanently severs legal ties between a parent and child.
How a Family Law Attorney Can Help
In Nebraska, terminating parental rights requires a thorough understanding of the applicable state laws. Given the complicated nature of these cases, it's important to consult an experienced attorney who can guide you through the process and what to expect.
At Abrahamson Law Office, we work closely with our clients to make sure their voices are heard, evidence is properly presented, and their rights are protected each step of the way. For parents facing involuntary termination proceedings, we can help address allegations and build a strong defense. We can also assist parties seeking to terminate their rights by helping them meet the legal burden of proof and demonstrate why termination is in the best interests of the child.
Experienced Counsel You Can Trust
If you or someone you know is involved in a case to terminate parental rights in Nebraska, we are here to help. Located in Omaha, our attorneys serve clients throughout Sarpy County, Douglas County, and the surrounding areas. Our skilled attorneys are committed to delivering compassionate and results-driven representation that meets your needs.
Contact us today at Abrahamson Law Office to schedule a consultation. We are ready to guide you through this challenging process and advocate for the well-being of you and your family.