There are six grounds to terminate parental rights in Connecticut.
The three most common are:
1. Abandonment. This occurs when a parent has abandoned the child by failing to maintain a reasonable degree of interest, concern or responsibility as to the welfare of their child.
2. Failure to rehabilitate. Rehabilitation refers to whether or not the parent has addressed certain issues so that they have the ability to adequately address the needs of the child. If the parent does not meet this test, then the court must decide whether the parent’s degree of rehabilitation is foreseeable within a reasonable time.
3. No ongoing parent-child relationship. The court is required to determine whether such a parent-child relationship curently exists and, if not, whether it would be detrimental to the child’s best interests to permit additional time for the development of such a relationship. This ground usually requires expert testimony from a psychologist or other mental health professional.
A few thoughts about termination of parental rights:
Terminating the parental rights of both parents must occur before a child is free to be adopted.
Termination of parental rights may be decided in Probate Court or Juvenile Court. If DCF is the Petitioner, the case will be heard in Juvenile Court. When a relative or other third party files the Termination Petition, the case will start in Probate Court but may be moved or appealed to Juvenile Court.
Even if grounds exist to terminate parental rights, the court must also independently find that the termination is in the best interest of the child. This is not an automatic particularly with older children who do not wish to be adopted.
Consultation and Representation
I represent clients in Juvenile Court and Probate matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding your Termination of Parental Rights case.