Parents must have to meet their children’s basic needs for food, housing, clothes, education, medical care, etc. Moreover, a parent must have to protect the child’s physical and emotional needs, and he or she has to protect the child from the dishonor of other parents or other household members.
These are some primary responsibilities of parents. All parents must have to fulfill these responsibilities. However, sometimes parents fail to meet their obligations putting children’s’ emotional or physical needs at risk.
In this writing, we will talk about giving up parental rights. We will discuss in what situation it is possible to give up or terminate parental rights in Canada.
Child’s Best Interest
Let’s begin with knowing where judges emphasize at the time of deciding terminating parental rights.
In cases of parental rights, the court puts the child’s interest above all. The preferences of parents are not vital to the ground for terminating another parent’s right.
A judge generally examines some factors at the time of deciding the parental rights of a child. These factors are-
- Health of child
- The emotional health of the child
- Child’s affection towards other parent or other interested parties such as- grandparents
- Parenting skill and ability of parents or other parties
- Stability and living situation
These are some factors that lead the judge to examine some other related factors before making a decision.
Giving Up Parental Right
Voluntary or involuntary parental rights can be terminated, but is it possible to give up parental rights voluntarily? Read the whole writing for knowing more about this.
The Voluntary Termination of Parental Rights
Unless the minor child is being adopted, the voluntary termination of parental rights is a rare case. There must exist good reasons for voluntarily terminate parental rights to get the court’s support. For instance- when a stepparent will adopt the child, then the court will support the voluntary giving up of parental rights.
In such a case, both biological parents have to be consent to the decision. The parent voluntarily giving up parental rights must be provided with ample notice before doing so.
The parent who is voluntarily terminating his or her parental rights also will have the opportunity to give consent or object in person during the court proceedings.
However, a parent cannot only give up parental for avoiding the payment of support. If there is a stepparent who is willing to take responsibility and obligations by adaption, then the parent can give up the rights.
The court will always examine what the best interest of the child is. If you are just giving up your parental rights because of avoiding the support payment, and even if both parents agree on giving up, one parent’s parental right court won’t support the agreement as it won’t serve the best interest of the child.
So, according to law agreement between both parents about voluntary giving up parental rights are void unless there is a stepparent who is willing to take responsibility for the child.
Remember, in case of stepparent adaption Canadian court will also examine the child’s best interest. The judge will consider the factor mentioned above as well as step parent’s history, relationship with the child, parenting ability, etc.
Involuntary Termination of Parental Rights
Again the best interest of the child will get preferences. If the court finds anything which may be hampering the child’s best interest with parents, the consent court can terminate parental rights.
Based on Abandonment Parental Rights Can be Terminated
Abandonment of parental rights based evidence must be presented at the court, which will prove that neglect was intentional. The evidence can be either first-hand witness or written records.
Again keep in mind that abandonment by one parent is not the strong ground to terminate the parental rights unless there is someone else who is prepared to take parental rights.
Even if one parent count abandons, the child won’t terminate the parental rights if it leaves the child with only one parent who is responsible for their care and support. The reason behind such law is it won’t serve the best interest of the child, and the court will always try to ensure the best interest of the child.
Due to Neglect or cruelty Termination of Parental Rights
Child neglect or cruelty is another ground reason for terminating parental rights. If mistreatment toward children is found after the investigation court can terminate parental rights, and even the judge can terminate both parents’ parental rights. In such a case government then get the legal custody of the child, and in such a situation, adoption without biological parents’ consent is valid.
Following are some circumstances when the judge can terminate neglectful parent’s rights-
- Abuse includes sexual abuse also
- Chronic abuse
- Failure to support a child finically
- Lack of communitarian from parent to child
- Drug or alcohol abuse
- Criminal conviction
- Disobedience to court-mandated childcare and custody agreements
These are only some cases when the judge can terminate parental rights. From here, you can take an overview.
In the situations mentioned above, terminating parental rights is a crucial step because, in those situations, the child’s best interests and protection are endangered.
Parents are responsible for supporting their children until they are19 years old in Canada. In this whole writing, we have discussed these things. So, now we hope that you have a clear idea about how to give up parental rights. Whatever is the situation judge will take the decision based on the child’s best interest.
Giving up parental rights is highly associated with your child’s well-being, so make your decision wisely. As the decision will be taken for your child’s welfare, consult with a lawyer who can assist you in all the legal procedures.