Terminating a parent’s rights or taking his consent and relinquishment without a pending adoption primarily occurs in DSS cases. The Court approving a Consent and Relinquishment or terminating a parent’s rights without a pending adoption is rare in private actions. The person would have had to have done something egregious to warrant a Court terminating
Termination of Parental Rights
ICWA and Adoption Law Part 3: Recent Case Law
Adoptive Couple v. Baby Girl, a minor under the age of fourteen years, Birth Father, and the Cherokee Nation is a great view of how the South Carolina Supreme Court interprets ICWA and how ICWA meshes with South Carolina adoption law. Enjoy!
ICWA and Adoption Law Part 2 (Involuntary Termination)
By Russell W. Hall III on
In addition to following South Carolina Termination of Parental Right Statutes under Section 63-7-2570 of the South Carolina Code of Laws, as amended, or the Notification Statute under Section 63-9-730 of the South Carolina Code of Laws, as amended to terminate an Indian parent’s rights, the petitioners must follow the requirements of the ICWA.
Specifically…
Interstate Termination of Parental Rights and PKPA and UCCJEA
By Russell W. Hall III on
Parental Kidnapping Prevention Act (PKPA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may apply to your termination of parental rights cause of action if an order for visitation and/or custody was entered in another state.
You are only required to file a termination of parental rights cause of action if anyone who…
Husband: Presumptive Legal Father
“In South Carolina, there is a common law presumption that a child born during lawful wedlock is a child of the marriage.” Fisher v. Tucker, 388 S.C. 388, 697 S.E.2d 548 (S.C. 2010).
“No judgment of divorce from the bonds of matrimony shall render illegitimate the child begotten of the marriage.” Section 20-3-200…
TPR: Best Interest of the Child
By Russell W. Hall III on
In my TPR: Clear and Convincing Evidence, I explained the burden required to terminate a parent’s rights. Even if you can overcome that burden, you still need to show that the termination is in the best interest of the child. Trying to define the best interest of the child is like herding cats; I try to…
TPR: Clear and Convincing Evidence
By Russell W. Hall III on
Two of the most common grounds I use to terminate the parental rights of an individual when my clients are seeking to adopt a child are willful failure to support the child and willful failure to visit with the child.
Though I may technically have the grounds to terminate the parent’s rights, I have to …
DSS: 15 Months in Foster Care
By Russell W. Hall III on
Posted in Family Law, Termination of Parental Rights
One of the grounds to terminate a parent’s rights is if the child has spent 15 of the last 22 months in foster care.
The Courts in ruling on this ground for termination of parental rights will need to ask why the child has been in foster care for 15 months and is this delay…
TPR:According to the Parent’s Means
By Russell W. Hall III on
In South Carolina, a petitioner may ask the court to terminate a parent’s rights if “[t]he child has lived outside the home of either parent for a period of six months, and during that time the parent has wilfully failed to support the child. Failure to support means that the parent has failed to make…
Consents and Relinquishments Made Simple (Part 1)
A Consent and Relinquishment( "Consent") is an adoption attorney’s best tool for a smooth adoption. With one from each parent in hand , the adoption will be made final with few or no problems with few exceptions.
Executing a consent can be as easy as executing a simple will or as complicated as executing a complex contract between…