When A Father’s Rights Need To Be Removed

Posted by Leslie SarjiApr 17, 20150 Comments

Sometimes the saying “mother knows best” really does ring true. There are some family situations where things are better for a child, and everyone else involved, if the father were not allowed to come around the child or have rights to the child. There are a number of reasons why a mother might be interested in the termination of the father's rights to the child. For instance, a mother may want to terminate the rights of a father in the event that the father is a bad influence, is unfit to raise the child, or would do harm if the father was in the child's life. Similarly, a mother might want to terminate the father's rights if she believes that giving the child up for adoption is the best choice for the child.

Terminating a father's right to his child is an extreme measure, and successfully terminating a father's rights can take significant effort and legal resources. The laws relating to the termination of father's rights in South Carolina are very strict and must be followed precisely. Failure to follow the steps accordingly can lead to a custodial battle with the father.

When Can A Father's Rights Be Terminated?

Under South Carolina law, there are four main scenarios in which a father's rights to his child can be terminated:

  1. If the child was created as the result of an act of sexual violence committed by the father against the mother.
  2. If the father has committed an act of violence against the child's mother, or a sibling of the child, and is unable to provide the child with a safe home to live in.
  3. If there is a proven allegation against the father of neglect of abuse.
  4. If the father agrees to a voluntary adoption of the child.

In the case of adoption, it is supremely important that the father's rights be terminated before the mother gets too involved in the adoption process. Adoptive parents in South Carolina must endure a rigorous and lengthy program in order to be eligible for adoption. Nothing is more heartbreaking than an adoptive couple getting ready to adopt a child when a father steps in and demands to exercise his father's rights.

What Happens When A Father Refuses To Give Up His Rights?

When a father does not meet one of the grounds for termination of a father's rights listed above, he still retains rights to the child. This means that he can veto an adoption. In order for the adoption to go through, the mother and/or the adoptive parents and their lawyer must identify a grounds for terminating the father's parental rights to the child.

Contacting a Charleston Family Law Attorney

If you are concerned that your parental rights are at risk of being terminated, or are you are interested in terminating the rights of your child's other parent, please contact the family law attorneys at Sarji Law Firm, LLC. Our family law attorneys can assist you with your fight. Call us today at 843-323-4341.

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