Benefits Of Hiring Parental Rights Attorney
Separation or Divorce is challenging for both parties. It becomes more complicated when you have to make decisions for your family. Relying on yourself or any unprofessional person may not be the right approach. It would be wise to have professional assistance to ensure you are looking forward to getting the best for yourself and your family.
You have to keep in mind that “asking for an expert’s help never shows weakness.” Moreover, you may not understand a lot of technical terms and conditions. So, hiring a parental rights attorney will be the right decision in this situation.
Who Can Be Considered a Parent?
This question seems very easy, but it can be very complicated depending on different circumstances. Biological parents are considered legal parents, and they have parental rights.
However, aunts, uncles, and grandparents don’t have parental rights until they have been appointed as legal guardians by the Court. Legal Guardians also have rights and responsibilities similar to parents, but they are not considered parents.
Hence, other than Biological parents, these rights also apply to:
1. Foster parents
2. Adoptive parents
3. Legal Guardians (appointed by the court)
What Are Parental Rights?
Parents have the right to take care and companionship their children. But, in a legal sense, “ ‘Parental Rights” refers to a parent’s right to make decisions and take actions regarding their child’s well-being and care, including essential matters like education and healthcare.
In circumstances where parents are not living together (such as in case of divorce or separation), parental rights will also include matters like visitation and custody.
Termination Of the Parental Rights
A court can terminate parental rights based on different facts like- cases of negligence, abuse, or abandonment. The court will determine these things before issuing the judgment. The reasons which may terminate your parental rights are as follows:
If the parent fails to take proper care of the Child’s needs (including shelter, food, medical care, education, or any special mental/physical care), the Court may terminate the parental rights. But, “ The negligence was unintentional” needed to be proved by the parents if they wanted to keep their rights.
Suppose the parent didn’t try to contact their child or give any financial support for a long term ( 6 months or more) without any acceptable reasons. In that case, the Court will consider this as evidence that the parent has no interest in the relationship plus the parent wants to give up all the rights related to that relationship. Afterward, the Court may terminate parental rights.
Mentally or physically unfit parents:
Mental and physical fitness is one of the most critical factors. If the Court finds out that the parent is insane ( mentally ill) and there is a strong possibility of harming the child, it will terminate the parental right of the parent. Moreover, a physically sick or unfit person’s rights can also be terminated by the Court.
Risk of harm or threat:
If the court determines a severe risk or threat of emotional, mental, or physical injury to the child, it may consider terminating the parental rights. Moreover, if the parent is found convicted of sexual assault, the court will terminate the parental rights.
The Court May Also Look Upon the Following Factors
1. The Child’s age, physical health, and mental condition.
2. If there is any illegal use of drugs or frequent alcohol.
3. The Child’s relationship with both parents and
4. if the parent has recently been convicted of domestic violence or illegal activity.
However, The court holds the child’s best interest, but the parent gets a particular time frame to prove or recorrect the issue. But, if the problems are not corrected within a reasonable time frame, the state can petition to terminate their parental rights. Only a parental rights attorney can help a person overcome and fix the problems.
Why Do You Need A Parental Rights Attorney?
A parent can exercise their rights like visiting their child and making necessary decisions only after proving that they are the biological parent or the court appoints them. For example, a mother may need the court’s help to establish the father’s identity to receive the necessary payment and help to raise their child. On the other hand, a father can also hold the primary right of consent to the adoption of their child, but he must establish paternity.
So, you can see that there are many complex situations you may face to get parental rights. But, if you hire a Parental Rights Attorney, you will get the best assistance and the followings:
The Parental Rights Attorney Will Understand the Law
A Parental Right Attorney will go through your case, and he will help you determine the best way to move forward. For example, negotiation could be a better way to achieve your goals than going to the Court and for this, A parental attorney will be the best person, who will develop a strategy, by finding out the strengths and weaknesses which are critically important steps to take the full advantage.
Generally, the Court makes the custody determination on the basis of the child’s best interest. In addition, the Court will consider various factors when investigating each case and you have to be familiar with these factors.
When you discuss this with your attorney, you can answer all the questions related to custody laws and recognize how they are going to affect your case. This will give you a chance to see the possibilities of what might happen and then evaluate available options.
An Attorney Will Present Your Actual Story
You and your co-parent may have strong feelings about what is going to happen when the child dispute custody comes inside the courtroom. You may try to say and focus on all the things that you feel another parent is not doing anything right plus you may want to blame her/him for things that are falling apart. Trust me, I know this is an emotional time and it will be so tough to keep emotions set aside in the proceedings.
But it is essential to tell your story, and you must know how to represent pieces of information in the court, Judges don’t really give importance to what happened in your relationship unless it impacts the children potentially.
In this circumstance, A parental rights attorney will identify the essential facts and make a strong strategy, highlighting specific concerns that push your request ahead. The attorney will frame your case in the best possible light so that you can illustrate why the court should approve your ideas.
Moreover, a qualified attorney gets updates on new judgments or rules. So they can maintain all the legal requirements and procedures necessary for a speedy trial.
You, Will, Need Someone to Focus On Every Detail
The advantage of hiring an attorney for a custody case is often overlooked. It is too important to communicate with a parental rights attorney while representing at trial and negotiating a custody agreement with another side.
When the co-parents sign the custody agreement, they overlook the upcoming situations. They just don’t think about what will be the consequences when disputes arise, and they can’t agree on how matters like children’s school and extracurricular activities will be handled?
Therefore, the agreement should include all the relevant details, and every portion should be clear enough. Otherwise, every little mistake will create a severe problem that will hurt the children in the future. An experienced parental attorney will focus on every detail and condition mentioned in the agreement.
Reduce Unnecessary Stress
Both parents face pressure during and after divorce. An experienced and professional lawyer will help you reduce stress arising from the custody case. He will take care of legal formalities, and you can start a new life without stress.
Ensure Safeguard For You and Your Child
Undoubtedly, you and your children will face a lasting impact on the decisions made during the divorce or separation. A parental Rights attorney will make sure the child’s best interest and ensure that your rights are also protected.
Moreover, A child custody attorney is familiar with parental rights. Therefore, they can help you understand the rules and regulations governing child custody and accurate directions to protect your children’s interests.
A Parental Rights Attorney Will Help to Avoid Costly Mistakes
When people fail to fulfill all the legal requirements relating to a child’s custody case, they might pay hefty fines to the court. But, if you hire a Parental rights attorney who is an expert in parental rights law, they will manage your case carefully and avoid mistakes.
The challenge of separation or divorce never follows the simple process. You have to focus and manage finances and legal needs while going through this emotional trauma. So, it would be best to hire a Parental Rights Attorney who will help you understand the legal process and protect both your and your child’s rights during this challenging period. Otherwise, you won’t be able to fulfill all the requirements of the Court, and you may give a heavy price for making mistakes.