Terminating Parental Rights in Georgia
Being a parent is widely considered one of the greatest honors one can have in life, and for many that is the case, but “many” does not mean “all”. Being a parent is not another box to check in the game of life. It requires a lifelong commitment to unconditional love for, consistent challenge from, emotional availability to, and unrelenting support for one’s child. Some people know that isn’t what they want for themselves, or that they can’t provide that (not for a lack of trying). Sometimes, a child is brought into the world, and the parents are not quite ready for them. In those cases, terminating parental rights can be the right route forward for both the parent and the child.
What is it:
Terminating parental rights severs all custodial rights to a child permanently. However, because Georgia courts recognize the importance of support and parental obligation to care for children, to terminate parental rights, usually, there must be someone ready to assume that space in the child’s life. Termination is effectively putting white-out over one’s ties to a child, so that someone else can assume those ties through adoption as if they were the original parent. It can be done by either parent and can be initiated by either one’s own volition or initiated by the other parent.
Voluntary Surrender of Rights:
The simplest, although rarer, method for termination is a voluntary surrender. A parent opting to surrender their rights to their child does so in conjunction with an adoption by a third party, the child’s stepparent, or a close family member such as a grandparent. While giving up one’s right to their child may have a negative connotation, when a voluntary surrender is given, it is often what is best for the child. A surrender is not a decision made lightly by a parent. Rather, after careful consideration and weighing the parent’s ability to adequately care for the child to the degree he/she deserves, a parent can offer their voluntary surrender to the Court. After signing a voluntary surrender of rights, one has four days to revoke that decision. After that, the decision is final. It’s important to note that not every voluntary surrender of rights is approved by the Court, as it’s ultimately the judge’s decision as to whether the surrender of rights is in the best interests of the child.
Forced Termination of Rights:
A contested termination has two routes forward. The first way to involuntarily terminate one’s parental rights is by proving that the disputed parent abandoned the child and fully intended to sever all parental obligations entirely. The second way to involuntarily terminate one’s parental rights is by proving that for the year prior, the parent made no genuine attempts to communicate with their child OR failed to pay child support. Georgia courts have considered birthday cards, even if returned, and questions about the child’s well-being to be genuine attempts to communicate. No matter the reason behind the filing of the petition, before the Court will terminate one’s rights, the court must also deem it to be in the best interest of the child for the termination to occur.
