TERMINATION OF PARENTAL RIGHTS

There is nothing more important than a parent’s right to their child. When the court has determined that it is time to decide on whether or not to terminate those rights, you need an attorney who has experience in these actions. Pete Roush has the litigation experience you need.

Each and every child in the Commonwealth of Kentucky has the right to a permanent residence which provides proper physical, mental and emotion support and is free from neglect or abuse. If the biological parent(s) is unable or unwilling to provide their child/children with such a home termination of parental rights procedures begin.

The termination of parental rights may be accomplished voluntarily or involuntarily. As the term implies, when parental rights are terminated the child or children are no longer legally tied to their biological parent(s). Legal responsibility for, and legal rights to, the child/children transfers to the Cabinet for Children and Family services, including the right to consent to an adoption.

 

VOLUNTARY TERMINATION OF PARENTAL RIGHTS

There are many situations in which a biological parent may decide it is in the best interest of their child/children to voluntarily terminate parental rights. Terminating parental rights is a serious and permanent action that will affect not only the parent(s) but also the entire extended family. If you are struggling with the decision to voluntarily terminate your parental rights you should seek legal advice from a qualified and experienced attorney. Roush & Stilz, P.S.C. attorney Peter Roush has extensive experience helping parents navigate the voluntary termination process, and understands the emotional and physical toll such a decision can take on the parent.

Should you ultimately decide to voluntarily terminate your parental rights, attorney Peter Roush can assist in every step of the process; from filing the Petition in Family Court to representing the parent in the final hearing in which the order terminating parental rights will be entered.

It is very important to obtain legal advice when considering such action. Contact Peter Roush at Roush & Stilz, P.S.C.

 

INVOLUNTARY TERMINATION OF PARENTAL RIGHTS

An Involuntary Termination of Parental Rights proceeding is an action of last resort. The action is commenced by the government (specifically, the Kentucky Cabinet for Children and Family Services) after it has determined the parent(s) is unable or unwilling to provide a permanent, safe and nurturing home for their child/children. It is an adversarial process in which the government is attempting to sever all legal ties between the parent(s) and their child/children. A parent facing involuntary termination of parental rights is entitled to a trial before a Family/Circuit Court Judge. As with any trial, the parent has the right to call witnesses and present evidence in opposition to the government’s case. It is a complex and, many times, lengthy procedure.

It is imperative that you have experienced representation during this process. Roush & Stilz, P.S.C. attorney Peter Roush has ten years experience litigating involuntary termination cases, and counts himself among a handful of attorneys who has successfully stopped the government from involuntarily terminating parental rights.  If the government is attempting to terminate your parental rights, contact Peter Roush at Roush & Stilz, P.S.C.

 

APPEALS

If the government is successful at the trial level in an involuntary termination of parental rights case, you can appeal the Family/Circuit Court’s decision. However, there are time constraints in which to file the appeal. You must file a notice of appeal within 30 days of the Family/Circuit Court’s decision. The initial appeal is decided by the Kentucky Court of Appeals. The Court of Appeals can uphold or overturn the decision of the Circuit Court. The Circuit Court’s order may be temporarily set aside while the appeal is pending. You may also request a temporary stay. The request is first made to the Circuit Court, and if not granted, a request can be made to the Court of Appeals. Further appeals may be held in the Supreme Court, if the Court elects to hear the appeal.

 

If you would like to speak to one of our attorneys, please contact our firm.