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The Termination of Parental Rights in Missouri

Writer's picture: Rob DavisRob Davis

Updated: Feb 1

The State of Missouri has the power to strip a parent's legal status as a parent in what is known as termination of parental rights. The termination of parental rights process can be voluntary, such as when the child is put up for adoption, or involuntary, such as when a parent is deemed unfit to care for a child or is a danger to the child. Once parental rights are terminated, the parent-child relationship is dissolved and the parent has no legal rights to parent the child.


Permanently terminating a person's right to parent their child is a serious procedure not taken lightly by the courts. In Missouri, there are several conditions which must exist before a judge will consider stripping parental rights from a parent. When a court receives a petition to terminate parental rights, the court must first determine whether or not statutory causes exists. That is, Missouri statutes provide a framework for when a termination of parental rights can proceed in Chapter 11 of the state statutes. The petitioner, the one initiating the process to terminate parental rights must show the court that statutory cause exists by clear and convincing evidence. If cause exists to terminate a parent's parental rights, the petitioner must then show that this course of action is in the best interests of the child. Again, the judge must be convinced by clear, cogent and convincing evidence that termination of parental rights is in the best interests of the child.


       

Two men and a baby

Voluntary Termination of Parental Rights

As mentioned above, there are two quite distinct types of termination of parental rights proceedings in Missouri. In a voluntary termination of parental rights case, usually an adoption, the process can be relatively smooth if both parents are properly identified, they are able to be located, and both are willing to sign a document to relinquish their parental rights. Much differently, the process of an involuntary termination of parental rights is ripe with safeguards to protect the rights of parents wrongfully accused of being unfit, and is generally longer and more taxing.

 

The voluntary termination of parental rights in Missouri most commonly occurs during the process of the adoption of a child, where the birth parents mutually agree to have their parental rights terminated, so that the baby could be adopted by another family, who are often better equipped to effectively raise the child. When both parents agree it would be best for the baby's future to allow an adoption, they are required to acknowledge in writing that they intelligently, voluntarily and knowingly agree to terminate their parental rights.


If the child is at least 48 hours old, the adoption can then proceed. However, either parent has the right to withdraw their consent to terminate their parental rights at anytime in the adoption process prior to the judge granting the legal adoption. Withdrawal of consent can be made either in writing or verbally, but when the withdrawal is verbal it needs to be clearly stated.


Two women and a baby

Involuntary Termination of Parental Rights

 

Involuntary termination of parental rights is a serious and often sad undertaking but is also an essential tool to protect children from emotional and physical abuse. The state will generally exhaust every option to give the biological parent a chance to be in the child's life, prior to considering a termination of parental rights.


The most common reason parents lose parental rights is due to mental health disorders and substance abuse. Evidence that the child has suffered physical, emotional or sexual abuse by the parent supports a loss of parental rights. A parent can also lose their parental rights if they have abandoned the child, failed to provide for the child's most based needs, committed a felony which could affect the child in a harmful manner, or failed to follow a court ordered custody plan.


In some situations, a state agency may be mandated to seek the removal of parental rights. In Missouri, the grounds for which parental rights may be terminated are governed by Mo. Rev. Stat. § 211.447


If you are facing the involuntary termination of your parental rights by a court, it is strongly recommended you hire an experienced family law attorney to represent you and fight with you for your legal right to remain in your child’s life.  If you are involved in a legal matter involving the termination of parental rights, please call our office to schedule a consultation. Our office is located in Pleasant Hill, Cass County, Missouri. You can reach our office at 816-287-1530.

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The Men's Center for Domestic Resolution 

Robert Davis, Attorney at Law

1005 Cedar St. 

Pleasant Hill, MO 64080

816-287-1530

www.manlawkc.com

robert@kcmensdivorce.com

 

Cass County, Missouri Men's Family Law attorney
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