Termination of Parental Rights Attorney in Franklin, Tennessee

The termination of parental rights is a court-ordered process that legally ends a relationship between a parent and their child. Once a parent's rights have been terminated, they no longer have any legal rights or responsibilities towards the child, including custody and visitation.

Some cases may involve a voluntary termination, while others may result in the court terminating a parent's rights based on the child's best interests or safety. In most cases, terminating parental rights is a last resort after all other options have been considered.

Cases involving the termination of parental rights are often complicated and emotionally charged, and parents who have lost their parental rights may feel a sense of loss, grief, and even shame. If you or someone you know is considering petitioning to terminate someone’s parental rights or is fighting to protect your own, it's important to consult an experienced attorney.

For over a decade, Middle Tennessee Family Law has provided compassionate and reliable legal counsel to families across Franklin, Murfreesboro, Nashville, and the Middle Tennessee region. We are committed to handling your case with the sensitivity, discretion, and careful preparation it deserves. Contact us today to schedule a free consultation.

What Does Termination of Parental Rights Mean?

Termination of parental rights is a serious legal decision that severs the relationship between a parent and their child. Once parental rights are terminated, the parent loses all legal rights and responsibilities toward the child, including custody, visitation, and decision-making authority. It also eliminates the parent's legal obligation to provide financial support, such as child support. 

Cases involving the termination of parental rights often stem from circumstances where the parent’s actions or conditions are deemed harmful or detrimental to the child’s well-being. Some common scenarios include abandonment, neglect, abuse, or unfitness due to substance abuse or mental health issues.  

However, on the other hand, termination might also occur voluntarily, for instance, when a parent relinquishes their rights to allow for their child to be adopted. 

Since the termination of parental rights is a permanent and often life-changing action, Tennessee law sets a high standard of proof and requires clear and convincing evidence before the court will terminate a parent's legal rights.

Tennessee Laws Governing Termination of Parental Rights

In Tennessee, the termination of parental rights can only be granted by a court if certain legal grounds are met. These are specified in Tennessee Code Annotated § 36-1-113, which serves as the legal foundation for such cases. The primary grounds for terminating a parent's legal rights under Tennessee law are as follows.

• Abandonment: Tennessee law defines abandonment as a parent's willful failure to support or visit their child for at least four consecutive months before the filing of the petition. A parent’s failure to establish a meaningful relationship with their child may also be considered abandonment.
  

• Substantial noncompliance with parenting plans: If a parent has a court-ordered parenting plan or responsibilities, substantial noncompliance with these obligations could justify the termination of parental rights.
  

• Persistent conditions: Sometimes referred to as “unfitness,” this ground applies when persistent problems, such as untreated drug addiction or mental health issues, prevent a parent from providing proper care for their child. These challenges must persist for a minimum of six months and show little likelihood of improvement.
  

• Severe abuse: Evidence of severe abuse, either of the child involved or their siblings, may lead the court to find that termination of parental rights serves the child’s best interests.
  

• Failure to provide a safe and healthy home: If a parent cannot provide or maintain a home that meets basic safety and health standards, this can be grounds for termination. 

The court must also determine that the termination of parental rights is in the child’s best interests by considering factors such as the child’s emotional and physical needs, attachment to caregivers, and the potential for achieving permanency through adoption. 

Termination cases are rarely straightforward and often involve intense legal battles. Therefore, it's important to work with a skilled Tennessee family attorney who understands Tennessee’s laws and who can evaluate your case thoroughly.

When Should You Consider Terminating a Parent's Rights? 

The decision to terminate a parent's rights is not one to be made lightly. It’s typically driven by the desire to protect a child from harm or to pursue a path toward adoption. Some possible reasons for seeking termination include: 

• Repeated neglect or abuse

• Long-term absence or lack of contact

• Persistent substance abuse or imprisonment

• Voluntary relinquishment of parental rights, which is often part of an adoption process

For custodial parents or guardians, these proceedings are often initiated to protect the child’s well-being and to make sure they grow up in a stable and supportive environment. However, you must be able to provide detailed documentation and strong evidence to support your claim.

How to Defend Your Parental Rights Against Termination

If you are on the receiving end of a petition to terminate your parental rights, it's common to feel overwhelmed and emotional. However, it's essential to respond promptly and to consult an experienced family law attorney as soon as possible.  

At Middle Tennessee Family Law, we are committed to fighting for your rights while prioritizing the long-term interests of your family. Some common defenses we may pursue include demonstrating that the alleged grounds for termination are untrue or presenting evidence that terminating your rights would not be in the child’s best interests.  

You can also take certain proactive steps to demonstrate your responsibility as a parent, such as making an effort to comply with parenting plans or participating in treatment programs designed to improve your parenting capacity. These can serve as recognizable steps toward protecting your rights as a parent and serving the best interests of your child.