Termination of Parental Rights Within New York Courts

WHO FILES A PETITION TO TERMINATE A PARENT’S RIGHTS? 

ACS or the foster care agency may in some circumstances file a petition asking the court to terminate (end) a parent’s legal rights to a child so that the child may be adopted. 

WHAT ARE A PARENT’S LEGAL RIGHTS? 

The rights that the child protective agency seeks to terminate include the parent’s right to custody, to raise the child, to make religious, educational, or medical decisions for the child, to visit with the child, to speak with the child, to contact the child, and to learn about the child. 

WHO MUST BE NOTIFIED ABOUT THE PETITION? 

The mother must be served with the petition and a summons. If the child’s parents are or were married, then the agency must also serve the father. 

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