How would I terminate parental rights of a handicapped person I have raised?
Full Question:
Answer:
A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent is unfit and/or poses a threat of harm to the child. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support. However, it is possible that back support owed may still be collected.
It is possible to petition for a guardianship of a minor. The decision to grant a guardianship will be a subjective determination for the court, based on all the facts and circumstances involved. The decision is made based upon the best interests of the child. Due to the complexities of the proceedings involved, I suggest contacting a local attorney who can review al lthefacts and documents involved.
Please see the following TN statutes:
34-1-102. Parents as joint and equal natural guardians of minors — Custody
of minors — Support of minors over eighteen (18) years of age in high
school — Property of minor — Incapacity of parents — Divorce —
Commitment of guardianship to county — Guardianship instrument.
(a) Parents are the joint natural guardians of their minor
children, and are equally and jointly charged with their care,
nurture, welfare, education and support and also with the care,
management and expenditure of their estates. Each parent has
equal powers, rights and duties with respect to the custody of
each of their minor children and the control of the services
and earnings of each minor child; provided, that so much of the
net income of each minor child as may be necessary may be
expended by a parent (without the necessity of court
authorization) for the child's care, maintenance and education.
Funds of a minor held by a guardian shall not be expended to
relieve or minimize the obligation of the parent(s) to support
the minor.
(b) Parents shall continue to be responsible for the support
of each child for whom they are responsible after the child
reaches eighteen (18) years of age if the child is in high
school. The duty of support shall continue until the child
graduates from high school or the class of which the child is
a member when the child attains eighteen (18) years of age
graduates, whichever occurs first.
(c) If either parent dies or is incapable of acting, the
guardianship of each minor child shall devolve upon the other
parent.
(d) If the parents of a minor child are divorced, the court
may award the guardianship of the property of the minor child
to the parent who, in the court's judgment, would best serve
the welfare of the minor child and the child's estate. The
parent appointed guardian of the child's estate may, but does
not have to be, the parent with legal custody. The appointment
of a parent as legal guardian does not affect the custodial
decree of the divorce court except in those situations in which
the guardianship of the minor or legal custody is committed to
the department of children's services, in which case the order
of the court having jurisdiction of the guardian proceedings or
custodial proceedings under title 37 shall control.
34-2-102. Petition for appointment of guardian — Who may file.
A petition for the appointment of a guardian may be filed by
any person having knowledge of the circumstances necessitating
the appointment of a guardian.
34-2-104. Petition for appointment — Sworn — Contents. —
The petition for the appointment of a guardian, which shall be sworn,
should contain the following:
(1) The name, date of birth, residence and mailing address of the minor;
(2) The name, age, residence and mailing address and relationship of the
petitioner;
(3 The name, age, mailing address and relationship of the proposed
guardian and, if the proposed guardian is other than the petitioner, a
statement signed by the proposed guardian acknowledging awareness of the
petition and willingness to serve;
(4) The name, mailing address and relationship of the closest relative
or relatives of the minor and the name and mailing address of the present
custodian of the minor who should be notified of the proceedings. If the
respondent has no then living parent or sibling, the petition shall so
state and more remote relatives are not to be listed;
(5) An explanation of the reason for seeking appointment of a
guardian; and
(6) If the petition requests the guardian manage the property of the
respondent, the petition also shall contain:
(A) If the financial information about the minor is known to the
petitioner:
(i) A list of the property of the minor together with the approximate
fair market value of each item. The petitioner shall state whether the
property listed is all of the minor's property;
(ii) A list of the source, amount and frequency of each item of income,
pension, social security benefit or other revenue received by the minor;
(iii) A list of the usual monthly expenses of the minor. The petitioner
shall include an explanation of how these expenditures were met prior to
the filing of the petition; and
(iv) A description of the proposed plan for the management of the minor's
property if a guardian is appointed; or
(B) If the financial information about the minor is unknown to the
petitioner, a request that the court enter an order authorizing the
petitioner to investigate the respondent's property.
34-2-105. Where guardian needed — Court order.
If the court determines a guardian is needed, the court shall
enter an order which shall:
(1) Name the guardian or guardians;
(2) If the guardian is to manage the property of the minor,
then:
(A) Set the amount of the guardian's bond unless waived as
authorized in § 34-11-105;
(B) Set forth the nature and frequency of each approved
expenditure and prohibit the guardian from making other
expenditures without court approval;
(C) Set forth the approved management of the minor's
property; and
(D) Prohibit the sale of any property except as permitted
by § 34-11-116 without court approval or as permitted in the
property management plan approved by such order; and
(3) State any other authority or direction as the court
determines is appropriate to properly care for the person and
property of the minor.
