If you are concerned that the other parent could lose parental rights, you may wonder what conduct could lead to such a serious outcome. Before the judge reaches a decision, they must first find a legal ground for termination, then determine whether ending the relationship serves the child’s best interests.
Here are some things you need to know before your situation makes it to a family law court.
When termination of parental rights may happen
Wisconsin courts do not take away parental rights simply because parents disagree about custody, placement or parenting decisions. There are specific grounds that can support involuntary termination, including:
- Abandonment
- A continuing need for protection or services
- Child abuse
- Failure to assume parental responsibility
- Continuing denial of court-ordered placement or visitation
- Certain serious crimes involving a child
The judge must find the required facts under at least one statutory ground before the case can proceed to the next stage. For example, failing to maintain a meaningful parental relationship with a child could support a claim based on failure to assume parental responsibility, but the specific facts still matter.
The child’s best interests determine the outcome
Even with established legal ground, termination still depends on what serves your child’s best interests. Wisconsin Stat. § 48.426 requires the court to consider factors such as:
- Your child’s age and health
- Your child’s relationships with you and other family members
- Your child’s wishes
- How long you and your child have lived apart
- The likelihood of adoption and a more stable family relationship
The court weighs these factors during a separate phase of the case before deciding whether to terminate parental rights.
Understand what termination would mean
Termination ends all legal rights and duties between the parent and child. After a court order, that parent no longer has legal authority to make decisions for the child or carries parental responsibilities.
That makes termination very different from receiving less placement time or losing decision-making authority over certain issues. A custody dispute alone does not produce the same legal result.
Know when a termination case may apply
If you believe the other parent’s conduct could justify termination, reviewing the facts with an attorney can help you determine whether they match a statutory ground. Bring relevant court orders, placement records and other information about the parent’s involvement with your child so your attorney can assess the situation and explain your options.