What Happens When Only One Parent Wants to Terminate Parental Rights?
When it comes to family law, few topics are as challenging as terminating parental rights. It’s a decision that cuts to the core of family relationships and carries profound implications for all involved, especially the child at the center of the case.
When only one parent is seeking to terminate parental rights—whether it’s yours, your partner’s, or someone else’s—it’s natural to feel overwhelmed and unsure of what to expect. Questions may swirl in your mind about the legal process, the potential outcomes, and how this choice might impact your family long-term.
At Columbia Family Law Center, we’ve been helping families handle termination of parental rights cases for more than 30 years. Located in Federal Way, Tacoma, and Bellevue, Washington, we serve clients throughout the Puget Sound area.
If you’re entangled in a case where only one parent is pushing to terminate parental rights, it’s essential to understand your rights and the steps involved under Washington law.
What Does the Termination of Parental Rights Mean?
Terminating parental rights is a legal process in which one parent is formally stripped of their rights, responsibilities, and relationship with their child. Once parental rights are terminated, that parent no longer has a legal connection to the child, which means they are no longer involved in decisions about the child’s welfare, education, or medical care. This also ends any financial obligations, such as child support.
This decision isn’t one that courts take lightly. Judges will weigh the best interests of the child above all else. While there are cases where termination is voluntary, such as when a parent relinquishes their rights to allow for an adoption, there are also instances where parental rights may need to be forcibly terminated.
Can Only One Parent Seek to Terminate Parental Rights?
Yes, it is possible for only one parent to initiate the process to terminate the other parent’s rights. However, this can only happen under specific circumstances. Washington courts will generally only consider termination if there is a valid legal basis, such as abandonment, neglect, abuse, or another compelling reason why it would be unsafe or harmful for the child to remain in contact with the parent.
Simply wanting to terminate the other parent’s rights because of a strained relationship or personal disagreement is not enough. The court’s focus will remain on the child's well-being and safety. That means you must present a compelling case to justify the request for termination.
Reasons for Terminating Parental Rights
The decision to terminate a parent's rights is never taken lightly. There must be legally recognized grounds that demonstrate the parent is unfit or that severing the legal ties is in the child's best interest. Some of the most common reasons why one parent might seek to terminate the other parent’s rights or a parent might relinquish their parental rights include:
Abandonment: If one parent has willfully neglected their child and has not communicated with or supported them for an extended period of time, the court may view this as abandonment.
Abuse or neglect: A history of abuse or neglect is a serious consideration in termination cases. The court is highly protective of children and will act to shield them from harm.
Failure to provide support: Consistently failing to fulfill financial obligations, such as paying child support, may serve as part of your case.
Adoption by a stepparent: If the child is being adopted by a stepparent, the biological parent’s rights must usually be terminated first to move forward.
Ultimately, the court's decision will depend on the unique circumstances of each case. These examples represent common grounds for termination, but they are not an exhaustive list. The judge will carefully consider all relevant details to determine the best course of action for the child's welfare.
The Process of Terminating Parental Rights in Washington
To begin the process, one parent will need to file a petition to terminate parental rights, which is typically submitted to the family court in the appropriate jurisdiction. If you are the parent filing the petition, expect the court to require strong evidence that supports your claims. This may include documentation of abuse, testimony from witnesses, or records showing a lack of communication or support.
The other parent has the right to respond to the petition and defend against the claims made against them. If they contest the termination of their rights, the case will likely proceed to a hearing.
During this time, both parents will have an opportunity to present their case, and the court may request additional evidence or expert testimony from therapists or social workers. Ultimately, the decision rests with the judge, who will weigh all the evidence and prioritize the child's best interests.
Challenges When Only One Parent Wants Termination
Whether you’re advocating for or opposing the termination of parental rights, it’s important to prepare for a potentially lengthy and emotional process. The courts do not grant terminations easily, particularly when only one parent is in favor. This is because the court is charged with protecting both the rights of the child and the rights of each parent.
Therefore, you must provide a significant reason for termination. Accusations of abandonment or neglect require clear, convincing evidence to persuade the court. If the other parent decides to fight the petition, you may face strong opposition, making the legal process even more complicated.
Termination also affects more than just the parent-child relationship. Losing parental rights means forfeiting all legal claims, including inheritance rights, which can have lasting repercussions. Because of this, courts tread carefully before making a final determination to terminate parental rights.
Contact an Experienced Family Law Attorney in Washington for Guidance
If you’re considering filing a petition to terminate parental rights—or if you’re responding to a petition—you don't have to handle it alone. At Columbia Family Law Center, we can help you understand your options, provide clarity about the road ahead, and work with you to achieve the best possible outcome for your family.
We know how daunting this process can feel, and we’re here to support you every step of the way. Our team has decades of experience helping families in Tacoma, Federal Way, Bellevue, the Puget Sound region, and throughout Washington State.
Contact us today to schedule a consultation and take the first step toward resolving your case. We proudly offer a 25% discount for military families, recognizing the sacrifices they make for our country.
