Defend Against Parental Rights Termination

If you have not made progress on your services, then the state will ask the judge to change the goal from return home to substitute care pending court determination of  your parental rights. If allowed, this will decrease visits and your case will be set for a termination hearing. The issues at that hearing will include a fitness hearing and a best interests hearing. The state must first prove that you are an unfit parent by clear and convincing evidence. Most often, they point to a lack of progress or cooperation on your service plan. If the judge finds that you are unfit, the next hearing is a best interests hearing to determine whether or not it is in the best interests of the child to terminate your parental rights. If their is a strong bond between the child and parent and depending on whether the child is ready to be adopted, these hearings can be heavily litigated. The opinion and recommendation of the Guardian Ad Litem (attorney for child) will be heavily considered by the judge in deciding to grant the state's motion to terminate. In addition, if the parent is making progress enough to potentially have the children returned in the near future, that may also impact the judge's decision. It is important to continue with services throughout the entirety of the case.