Understanding Termination of Parental Rights

A common misunderstanding in family law is that a non-custodial parent can get his/her child support obligation terminated automatically by terminating their parental rights.  That is not necessarily true, and it's not that simple.

Termination of parental rights ends the legal relationship between the parent and child.  The parent no longer has a legal right to see the child or make any decisions for the child.  In addition, the child does not have inheritance rights that they might otherwise have from a biological or adoptive parent. 

Termination of parental rights varies from state to state.  Often there are two types of cases:  voluntary and involuntary termination.  A common ground for involuntary termination of parental rights is abandonment of the child. 

Service of Process for Child Custody and Child Support Cases

A key component in the legal process of getting child custody or child support cases resolved through the courts is getting the other parent and/or other party properly served with the necessary petition, motion or other legal documents.  However, sometimes the party wishing to take legal action cannot locate the other party.  Regardless, the other party still needs to be legally put on notice.

The most common form of service is having the other party served through the sheriff, civil process server or other form of personal service.  However, if the other party cannot be located, there is another option.  This method known as "service by publication."  It basically involves getting permission from the applicable court to place notice of your legal action in specified newspaper for a certain period of time, after which the other party is considered properly served and on notice. 

As such, if you have a child custody and/ or child support case that needs to be established or changed, and you can't locate the other parent and/or party, all hope is not lost. 

#1 Factor in Changing Child Support

What is the #1 factor in changing child support?  Simple... tacking action.  Sounds obvious, doesn't it?  However, you would be shocked to find out how many parents have a change in financial or custody circumstances, yet fail to take immediate action to modify the child support order.  Often, a father or mother paying child support will wait years before seeking help to get their existing child support order lowered or changed.  Moreover, in most circumstances, the court is not likely make any changes retroactive.  Consequently, a parent may be overpaying for child support, due to a job loss or other change in circumstances, and be out the money they were essentially overpaying if they had modified the child support order from the outset.

How do I Serve the Other Party in a Family Law Case?

You have several possible ways you can have the other party(s) served in a family law case.  However, it can depend upon the jurisdiction as to whether certain methods of service are allowed.  For instance, some types of cases (usually an initial filing that starts a case for the first time), personal service of the other party (or their attorney if they have one) is requires.  Below are some of the options for service of process in a child custody, child visitation, child support or other family law case. 

·        Option #1:  Have the court clerk arrange for service:  Some courts (not all!) will arrange to have the documents served for you.  Just ask the clerk if they do that.  They will charge a service fee.  It is highly recommended that you have them do it if they provide that service!

·        Option #2:  By the Sheriff:  Contact the County Sheriff in the county where the other party needs to be served (i.e. where they live or work) and let them know that you need to have legal documents served on a party.  Take or send your family law legal documents to the local Sheriff’s office. They will charge a small fee for serving the documents for you. Ask them if they can file the proof of service with the court for you.

·        Option #3:  By a professional legal process server:  Look in the local yellow pages or on the Internet under “Legal Process Server” or “Process Servers” in your area.  They will charge a small fee.  Ask them if they can file the proof of service with the court for you.

·        Option #4:  Certified Mail.  Send one copy to the other party(s) to the action (or the other party’s attorney if they have one) via certified mail, return receipt requested.

What is Mediation?

Mediation is a process (mandatory in some jurisdictions) that provides parents an opportunity to discuss and resolve issues relating to the best interest of their children.  It is generally a confidential process conducted by trained Court Mediators who assist the parents by facilitating cooperative communication focusing on the best interest of their children and a mutually agreeable resolution.  Child Custody Mediation may be available to you to work out your disagreements regarding child custody and/or visitation.  In many jurisdictions, the family courts will provide child custody mediation through some type of family court services department or conciliation court.  Depending on the jurisdiction, the services may be free or charge a fee.

In a child custody mediation setting, a trained neutral person called a "mediator" will typically facilitate the communication between the parties with the intent of helping the parties successfully discuss and work out their child custody and visitation disagreements.

Many states require parents to attend mediation as a first attempt to work out their disagreements regarding child custody and/or visitation before the family court will issue orders in a litigated hearing.  If the mediation is not successful in resolving the issues, the matter will go before a judge or hearing officer who will make the final decision regarding child custody, visitation or support.

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