Should I terminate my parental rights?
Allowing or agreeing to a termination of your parental rights is an important decision that should not be taken lightly. The decision to terminate your legal relationship to your child is a permanent decision. Once made, your are no longer legally the parent. You no longer have any right to custody or visitation.
Typically a court in Idaho only terminates parental rights under two circumstances (although there are exceptions). First, when a step-parent wishes to adopt and the terminating parent agrees to terminate their parental rights; and second, when there has been abandonment, abuse, or neglect and either the State of Idaho or the other parent want to terminate parental rights.
If you don’t respond to termination paperwork served on you, and you don’t show up to the hearing, you have in essence agreed to give up your parental rights. Make sure you respond with your own filing, and make sure you show up at the hearing.
The State of Idaho–or the other parent–typically need to provide convincing evidence to the judge in order for your parental rights to be terminated without your consent. Most of the examples I’ve seen where termination has been granted involve either a parent who is served and just doesn’t show up to the hearing or file any response, or a parent who has significant drug or alcohol addictions that they don’t overcome. If the parental rights of both parents are terminated, foster parents care for the child, and the child is eventually put up for adoption, sometimes, if possible, with a relative.
There is one advantage to agreeing to terminate your parental rights–you won’t owe any future child support payments. If you’re behind on child support, you’re still responsible to make missed payments–but once the child is no longer legally yours, you no longer have to pay child support for future months.
There are of course other valid reasons to terminate your parental rights, depending on your individual circumstance. However, it is not a decision that should be made lightly. You should discuss the issue with individuals close to you, and also with an Idaho Family Law attorney, before you make that decision.