FAQ On Parental Rights

Parental rights are powerful. And the plural is there for a reason: There are several different scenarios in which they can come into play.

In this FAQ, we will address some of the most common situations.

Do parental rights refer to child protection authorities trying to take your kids away from you?

They can refer to that. But they also can refer to other situations, such as giving up parental rights prior to an adoption. Parental rights are also involved in child custody or visitation orders in a divorce or when unmarried parents split up.

In other words, when referring to parental rights, it is important to be clear about the context.

In custody and visitation cases, what are the factors that guide decisions?

These decisions tend to involve multiple factors, and the law is rather complex. For example, it is important to know the difference between physical custody and legal custody. In recent years, there has been a trend toward more split custody, in which parents share physical custody.

Decisions on custody and parenting arrangements are supposed to be made in the best interests of the child. This is a long-established legal standard that courts must apply to the facts of particular cases.

What about termination of parental rights? When does that happen?

Sometimes a parent will voluntarily give up parental rights, such as in an adoption setting. But there are detailed procedural requirements that must be met.

How We Can Help

If you are facing issues about your parental rights, it's important to get knowledgeable legal counsel. Our attorneys can respond to your questions and help you seek a favorable resolution of your case.