Can I terminate the other parent's rights?

Probably not. Courts generally think children should have 2 parents and don’t want to terminate the rights of one parent unless there is a very good reason. This is true even if both parents agree to the termination.

It’s important to remember that terminating parental rights also stops all child support obligations. Mostly, the only reason to terminate the rights of the other parent is if your current spouse wants to adopt the children. If the other parent agrees to the stepparent adoption, you can file a petition with the local Juvenile Court asking the court to terminate the other parent’s rights and let your spouse adopt your children. Your children’s other parent needs to give their permission in writing.

But it is almost impossible to do if:

• you are not remarried, or
   
• you are but your spouse doesn’t want to adopt, or
   
• the other parent doesn’t agree with the termination, or
   
• you or your children get any sort of public benefits. Taking away a parent’s rights also takes away their responsibility to support the children. If there is any chance they can afford support, the state won’t be willing to end their parental rights if it means you or the children need public benefits.  
   

If you think your children are not safe with the other parent, go to Family Court and ask for an order changing or limiting the other parent’s time with the children. You can also ask for supervised visits. For more information on parenting time orders see fact sheet Parenting Time and Parenting Plans.

Learn more about Termination of Parental Rights.