How do I terminate parental rights?

In Delaware, parental rights may be terminated with the consent of both parents, or without their consent if it is found to be in the best interest of the child. A court order is required to terminate parental rights. When a parent consents to terminate their parental rights, they may either voluntarily consent or be found to be unfit or unwilling to care for the child. Voluntary consent requires that both parents sign a consent form in front of a court clerk or notary public. The form must be signed by both parents and witnessed by at least two individuals in order to be valid. If a parent is found to be unfit or unwilling to care for the child, the court may enter an order terminating their rights without their consent. This is known as involuntary termination. To have parental rights involuntarily terminated, the court must find by clear and convincing evidence that a parent is unfit, unwilling, or unable to care for the child. Typically, this is done when the court has determined that the child would be better off in a different home. In either case, once parental rights have been terminated, the parent no longer has the right to make decisions regarding the child’s wellbeing, including decisions concerning medical care and education. It is important to note that a termination of parental rights does not remove the parent’s obligation to provide child support.

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