Current Termination of Parental Rights Statute: an Incentive to Avoid the Court System
Publication year | 2008 |
Pages | 4 |
Citation | Vol. 31 No. 6 Pg. 4 |
Vol. 31, No. 6, 4. Current Termination of Parental Rights Statute: An Incentive to Avoid the Court System
Issue: December, 2008
The Supreme Court, resting on prior precedent, determined the phrases "left in the care of another," and "without provision for the child's support," were being misinterpreted and misapplied by many, including some district court judges. The Court ruled that if a court in a divorce decree or other child custody order gives one parent physical custody of the child and the second parent visitation, and if the second parent does not exercise his or her visitation rights, thereby completely removing him/herself from that child's life, it is not leaving the child in the care of another, because the district court ordered the first parent to have physical custody. Likewise, if there is a support order in place, even if the parent is not paying the child support, it is sufficient to meet the provision for support language in the statute. Specifically, the Court stated:
The facts in this case indicate that the two minor children were placed in the custody of [mother] by the court that granted the divorce. The children were not left in [mother]'s care by [father]. Further, the same order that placed the children in [mother]'s custody also provided for their support by ordering [father] to make monthly support payments. In view of those facts, the fact that [father]...
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