Termination of
Parental Rights

Burton & Reardon specializes in representing parties involved in termination of parental rights cases. Whether you are seeking to terminate a parent’s rights or defending against the termination of your own parental rights, or have reached an agreement for termination, Burton & Reardon can provide expert assistance. 

Termination of Parental Rights is a matter taken seriously by the courts, except in cases of voluntary termination due to adoption. We understand the legal standards involved in such cases and can guide you through the process. 

Various circumstances can lead to involuntary parental termination, including severe or chronic abuse or neglect, sexual abuse, abandonment, long-term mental illness or other deficiencies, failure to support or maintain contact with the child, and long-term substance abuse by the parent. Certain felony convictions can also result in the loss of parental rights. In cases of violence towards the child or another family member, the court can terminate parental rights and sever the parent-child relationship. If termination of parental rights leaves a child without a legally-responsible parent or guardian, the court may place the child in foster care. 

If you find yourself facing unjust claims regarding the termination of your parental rights, we will work closely with you to build a strong defense against these allegations. The standard for termination of parental rights is very high, making it crucial to have an experienced attorney in termination of parental rights advocating on your behalf. It’s important to note that termination of parental rights is generally permanent and irrevocable. 

According to the Nevada State Legislature Statutes, NRS 128.105, the primary consideration in any termination proceeding is the best interests of the child. The court must make an order for termination based on evidence and findings that support the child’s best interests, as well as the conduct of the parent or parents. The statute outlines various grounds for termination, including abandonment, neglect, unfitness, failure of parental adjustment, risk of harm to the child, token efforts by the parent, or abandonment by one parent in cases involving termination of parental rights of one parent. 

In determining neglect or unfitness of a parent, NRS 128.106 provides specific considerations for the court, such as emotional or mental illness, abusive conduct, violations of relevant statutes, substance abuse issues, failure to provide adequate care, conviction of a felony, unexplained injury or death of a sibling, and unsuccessful reunification efforts by agencies. 

The court process for contested termination of parental rights involves filing a petition, serving it on the person whose rights are sought to be terminated, and scheduling a hearing. If the termination is contested, the case will proceed to trial after the initial hearing. During the 30-day period following the service of the complaint, both parties can engage in the discovery process to gather information and prepare for trial. 

Alternatively, if a person willingly wants to terminate their own parental rights or allow the child to be adopted, the process is relatively straightforward. By signing a notarized consent form with two witness signatures, a person can consent to the termination of their parental rights or adoption. 

At Burton & Reardon, our experienced attorneys are well-versed in family law matters, including termination of parental rights. If you are seeking a consultation with an experienced attorney in the Las Vegas, NV area, contact our office at 702-213-0303. We are here to assist you.