NJSBA Family Law Section

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  • 1.  Termination of parental Rights

    Posted 09-18-2018 01:20 PM

    When the biological dad is MIA and has not had any contact for years, what do we rely on in requesting a termination of his parental rights?  Any guidance would be appreciated. 

     

    Amy R. Kriegsman

     

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  • 2.  RE: Termination of parental Rights

    Posted 09-19-2018 11:20 AM
    What is the context?  Has mom married and step-dad wants to adopt?  If so, file a complaint for adoption and seek termination of bio dad's rights.  You will have to comply with all of the steps in the statute to show diligence in trying to find bio dad (9:3-45(c) and the burden by clear and convincing evidence is he substantially failed to perform the regular and expected parental functions of care and support for the child although able to do so, or if unable to do so that inability is unlikely to change in the immediate future.  Those functions are further defined in that section of the statute.

    If this is not the scenario and there is no DCPP involvement, I don't think there is a mechanism to seek termination of parental rights, but Deb Guston would know this better than I.

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  • 3.  RE: Termination of parental Rights

    Posted 09-19-2018 05:22 PM

    I agree with Clara Licata.  You cannot simply terminate a parent's rights.  Only an abuse/negelct proceeding brought by the court; an adoption proceeding where someone - either a step parent or entirely new parent(s) will take over parenting or share parenting obligations; or the death of a parent terminate rights.


    I wish all lawyers thought about it this way - because we have these questions at least once a year - if it was that easy to terminate parental rights, there'd be millions of orphaned teenagers.....


    Deb Guston



    Immediate Past President,
    Academy of Adoption & Assisted Reproduction Attorneys

    I will return your email as soon as possible.  Not all emails are read or reviewed in real time.  If this is an emergency, please call the office during regular business hours.
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    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831

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  • 4.  RE: Termination of parental Rights

    Posted 09-20-2018 12:15 AM
    I agree with Clara and Deb.

    Here's the answer I post when this question comes up on Avvo (which is does frequently enough that I saved a canned answer to it):

    No - outside of the context of an adoption or DCPP / DYFS action, you can't voluntarily terminate parental rights / responsibilities in NJ.

    There's an often-cited trial level case on the issue - RH v. MK - http://scholar.google.com/scholar_case?case=12666217077188208034  (and look at how it's been cited: https://scholar.google.com/scholar_case?about=12666217077188208034 ) . RH notes that "Parental rights are not a sometime thing. The termination of those rights entails a permanent sundering of parental ties.... The termination of parental rights is governed strictly by statute. ... [T]he Supreme Court held that the termination of parental rights by consent of the parties is valid only when effected through voluntary surrender of a child to an approved agency or to the New Jersey Division of Youth and Family Services (DYFS) accompanied by a formal document acknowledging termination of parental rights, or through a private placement adoption."  You can't terminate parental rights by consent any more than you could sign yourself into prison and give up your right to liberty.

    Trivia Q...anyone else know who MK was, and how she became "famous" / infamous?
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