Can I terminate the parental rights of my ex to our child?

| Jul 29, 2020 | Child Custody |

There may be certain situations where your ex having parental rights to your child is a negative factor in their lives. A binding visitation schedule, for example, may contribute to abuse occurring towards your child. Perhaps your ex is not present in your child’s life and you would like another person to legally become their parent. Many situations may result in the desire to terminate the parental rights of your child’s other biological parent.

In Mississippi, you can seek to end those rights through the courts. The court will determine the best interest of the child, however, and will likely not grant a termination if they suspect you are simply trying to punish the other parent.

Grounds for parental right termination

According to the Mississippi Senate Bill 2824, parental termination may occur under the following situations:

  • The other parent abandons the child
  • The other parent has not made contact with your child for six months to a year (depending on age)
  • There is evidence to support that the other parent is abusing the child
  • The other parent is not safe to be around the child due to addiction or mental illness
  • The child exhibits severe hatred for the other parent because of abuse, neglect, abandonment or incarceration
  • The other parent sees the conviction of a crime against children

Successful termination of parental rights

In Mississippi, the other parent may terminate their rights by signing them over. If the other parent is unwilling to sign over their rights, you must go through the courts. If the court rules in your favor, the other parent will have no legal rights to see or talk to your child. Additionally, they will no longer be responsible for support payments.