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Doing research on a legal issue can sometimes lead to more questions. Sometimes you need legal advice. Legal
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 ACLU of Ohio

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have a large staff of lawyers. They are funded through donations, and do not receive any government
money. Because of this, they cannot take every worthy case that comes their way. In most circumstances
we do not take divorce, child custody, landlord/tenant or private employment cases.

 Clintonville-Beechwold Community Resource Center

Assistance with SNAP, HEAP and Medicaid benefits.

 Columbus City Attorney - Prosecution Resources Unit

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you must appear in person at the Intake Section – 375 South High Street, 7th Floor, Columbus, OH 43215.

 Community Refugee and Immigration Services

We provide legal representation to those with immigration issues. Intake is on Tuesdays and Thursdays. To
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not available.

Is your visitation order enforceable?

Before you can ask the court to enforce your visitation order, make sure the order is
“clear, specific, and unambiguous as to the duties and responsibilities of the
alleged violator.”
EX PARTE SLAVIN | 412 S.W.2d 43 (1967) | 2sw2d431449 | Leagle.com

This means that your visitation order needs to clearly state a time, place, and date to
exchange the children. Unfortunately, some orders only contain language such as “by
agreement of the parties” and do not contain precise, specific terms that are
enforceable by the court. If your order does not contain all three requirements, it is not
enforceable, and you may need to modify or clarify your order to make it
enforceable.

What are the main parts of a motion to enforce visitation?

Visitation disputes: Imagine you have visitation rights to spend every Sunday with your daughter.
However, your ex just filed a lawsuit to prevent you from seeing her. Your ex has fabricated claims that
you are an inattentive parent, or that you are unfit to be a parent for some reason. You may need to go to
court to defend your parental rights.
When you file your enforcement lawsuit, Texas Family Code 157.002 requires the
motion to include:

1. The provisions of the order you seek to enforce (which part of the order the
respondent violated);

2. The manner of the respondent’s alleged noncompliance (what the other parent
did or did not do); and

3. The request for relief by the movant (what you’re asking the court to do for
you).

To enforce visitation specifically, you must also include the date, place, and, if
applicable, the time of each occasion of the respondent's failure to comply with the
order.

How do you show the court which parts of the order you want
enforced?
1. Copy those provisions from the court order.
 2. Attach the order as an exhibit, and

3. State in your order that you "incorporate the order by reference." This means
that the orders become a part of your motion. You attach the orders as an
exhibit to your motion. And your motion refers to the orders.

What is contempt?
When you file a Motion to Enforce for denial of visitation, you ask the judge to
punish the person who was ordered to perform some act they have failed to do. This is
called “constructive contempt.” Punishment for constructive contempt falls into two
categories:

1. Criminal contempt (or punitive contempt): This type of contempt punishes a

person for disrespecting the Court’s dignity and authority. They are subject to
criminal consequences like incarceration because they did or failed to do, like
deliberately ignoring the court’s order.

2. Civil contempt (or coercive contempt): The court uses this type of punishment
to persuade the contemnor to obey the previous order. This is often a money
judgment or make-up visitation.

How should I prepare for the hearing?

To prepare yourself for the hearing:

 Talk to your witnesses. Prepare questions for them, or have them prepare a
statement to tell to the judge.

 Review the documentation that shows the judge your visitation has been
denied.

 You will need the Order on Motion for Enforcement of Possession or

Access and the Capias.

What if I don't include a "pattern" of enforceable denials in

my Motion to Enforce?
To succeed when you file a Motion to Enforce Visitation Order, you will need to
show a pattern of denials by the co-parent. According to Texas Family Code
157.002, the motion must include the provision of the order sought to be enforced, the
manner of the respondent’s alleged noncompliance, and the request for relief by the
movant.

The penalty for failing to follow a court order can include taking away a person’s
freedom: a judge can put a person in jail if there is a contempt finding. So it
is essential to show that a person has not violated the order by accident or mistake.
For example, maybe there was a mix-up about the correct date for visitation. To
establish a pattern, you will need to have at least three adequately documented order
violations.

To avoid making this mistake, make sure to attach your documentation and include
the denial information in the Motion to Enforce. The Texas Family Code requires the
motion to have the portion of the order allegedly violated and each date of alleged
contempt (Texas Family Code 157.002). Providing the receipts or the police reports
will clearly show the date of each alleged contempt.

What if I didn't get the judge to sign the Order to Appear?

When you are at the courthouse to file your Motion to Enforce, you must also
schedule a date and time for the Enforcement hearing and have the judge sign an
Order to Appear. If the judge does not sign this, then the other parent cannot be found
in contempt.

To avoid making this mistake: Before you go to the courthouse to file, it is a good
idea to call the court coordinator first to determine the procedure for your particular
court.

 Explain that you’re filing a Motion to Enforce, and you need to know:

1. What the procedure is to get the judge to sign the Order to Appear, and

2. What the procedure is to set the motion for a hearing.

 Follow the court coordinator’s instructions to ask the judge to sign the Order to
Appear. Make sure to give the judge your Motion for Enforcement and Order
to Appear.

 After the judge signs the Order to Appear, make enough copies for yourself and
all of the parties in your case. (The clerk will keep the original.)

The courthouse can be confusing and intimidating, especially if you are not familiar
with the particular process and procedures you will encounter. It can be easy to forget
a crucial step when you are under stress, so take your time and make sure to
familiarize yourself with the building itself and the rules for your particular court.
Calling the court coordinator first will help you know which steps you need to take.
Physically going to the courthouse beforehand and seeing what an enforcement
hearing is like will help you prepare yourself better and answer some of the questions
you may have about the process.

If you did not have your Order to Appear signed by the judge, the respondent
cannot be held in contempt. If you discover this mistake before the date of the
hearing, then you will need to have the Order to Appear signed by the judge and make
sure the respondent is personally served with the Order to Appear. Do not forget that
the notice of hearing must be served on the Respondent at least 10 days before the
hearing by personal service.

Why is this important? The Texas Family Code says that you may be granted a default
judgment (the court grants your requests made in the Motion to Enforce), and a capias
can be issued for the arrest of a person who does not show up for court for a contempt
hearing when they have been given proper notice to appear in court.

Is it enough if I can prove the other parent said they wouldn't

let me see the child?
Sometimes, custodial parents will say in advance that they won’t be at the place of
exchange or that they, or the children, have other plans.

But, attaching these texts or emails to the Motion to Enforce is not enough to show
that the custodial parent actually violated the order! You must show that you (or your
designated competent adult) were there at the time and place of exchange listed in the
order. The custodial parent’s defense to an enforcement action is that the other parent
did not attempt visitation. So, if you lack proof that you made an attempt, the
custodial parent could say that they were there (usually at the residence) and that you
didn’t show up for visitation.

If you have already filed your Motion to Enforce and you now feel like you may not
have included sufficient evidence of legal denials, you must amend (make the
changes to) your pleadings to include the needed documentation. This means you
need to file another Motion to Enforce with a new title that says “Amended Motion to
Enforce.” You will also need to make sure that you serve the other parties to the suit
with this amended pleading and make sure that you provided them enough time to
prepare for the hearing.

If you do not have the required documentation, you will need to wait until you have
adequately gathered it by documenting the denials when they occur before you can
file the Motion to Enforce. This is what is required to get you into the courtroom.
Once you are at the hearing and testify about denied visitation, you may tell the judge
about other instances where the custodial parent has denied your parenting time. You
can say whether or not, and why, you are concerned that they will continue to deny
your visitation in the future.

Where can I find visitation enforcement forms?

Visitation enforcement forms are available in the "Instructions and Forms" tab of the
guide I want to file a Motion to Enforce Visitation. You can also use one of the
following kits:

 Visitation Enforcement Kit (use this if you want to print out the forms).

 Guided Visitation Enforcement Kit (use this if you want to fill out and E-File
your forms).

Do I need a lawyer to enforce my visitation orders?

No. You do not need to have a lawyer to file a motion to enforce. It is a good idea to
talk to a family law lawyer before you file, though. The court system can be
complicated. A lawyer can help you understand your rights and options.

If you need help finding a lawyer, you can:

 Use our Legal Help Directory to search for a lawyer referral service, legal aid
office, or self-help center in your area.
 Check our Legal Events and Clinics page for free legal clinics in your area.
 Use Ask A Question to chat online with a lawyer or law student.

How to Terminate Parental Rights

Download Article

METHODS

1Terminating Rights Voluntarily

2Terminating Rights Involuntarily

3Terminating Rights for Adoption Purposes

OTHER SECTIONS

Related Articles
References

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: January 21, 2022

Parental rights can be terminated voluntarily, usually to facilitate adoption, or involuntarily in

cases where a parent is ruled not fit or not acting in the best interests of a child. The process is
complicated and can be extremely stressful and time consuming. With patience and a sold
knowledge of the legal system, however, you can get successfully terminate parental rights.
Method 1
Terminating Rights Voluntarily
Download Article

1.

1
Learn the consequences of terminating your rights. Before you decide to voluntarily give up
parental rights, understand the consequences of this decision. Terminating parental rights has
fairly serious legal repercussions and it's not a decision that should be made lightly.

 All rights and responsibilities regarding your parenthood will be terminated

once parental rights are terminated. If you volunteer your rights, you'll have no
input regarding the child's education, religion, upbringing, location, and any
other factors regarding the child. You will also not be legally guaranteed any
kind of custody or visitation.[1]
 If you want your co-parent to terminate the rights to your child, understand your
co-parent will no longer have obligations to support the child financially or
otherwise. You cannot seek child support or visitation from your co-parent once
his or her rights are terminated.[2]
2.
2
Talk to a family law attorney. Courts will not grant voluntary termination unless parents can
objectively prove this is in the best interest of the child. Judges are generally hesitant to terminate
parental rights, even if they're being given up voluntarily. Consult a family law attorney to figure
out how to best argue for the termination of parental rights.

 Many people want to terminate parental rights simply because they do not want
to financially support the child. This is very rarely considered solid grounds to
terminate parental rights. Do not file a petition under this grounds, as it will
likely be denied.[3]
 You also cannot terminate rights simply because you're life is difficult and you
do not have time for a child. Remember, the court's ultimate goal is to act in the
child's best interest. Most judges will think, unless it's absolutely not possible,
you should strive to incorporate your child into your life despite difficulty. [4]
 A family law attorney can talk to you about your reasons for wanting to
terminate your rights. He or she can help you draft a strong statement
illustrating why giving up your parental rights is in the child's best interest. This
may mean admitting to fault on your part. If you do not believe you are a fit
parent, the court will want to know why and you might have to disclose
uncomfortable personal information that you feel disqualifies you for parental
rights.
3.

3
File a petition. You will have to file a petition to your local court requesting a hearing to
determine parental rights. Petitions of this nature can be fairly lengthy, so make sure you fill it out
completely.

 Precise laws and forms for filing a petition vary state-by-state. For the most
part, however, you'll need to provide basic information such as your name, date
 of birth, social security number, and other identifying facts you would include
on most legal documents and tax forms.[5]
 Where to file the petitions varies state-by-state. Some states will allow you to
file the petition at a local courthouse or county clerk office while others require
the document be brought to an office of Child Protective Services. You can find
out where to file your petition by talking to your attorney or browsing your
state's government website.[6]
4.

4
Go before court. A hearing will take place before a judge that will determine whether or not your
rights will be legally terminated. You may be asked to make a statement to the court or judge.
Talk to your attorney about whether or not making such a statement would be beneficial to you
and, if so, what you should say. Dress appropriately for the hearing, in professional attire, and be
respectful of the judge. Do not try to "prove" your unfit nature as a parent by showing up to court
slovenly and behaving poorly. This will not necessarily help your case and might result in legal
trouble, such as being held in contempt of court.[7]
5.

5
Be prepared for the petition to be denied. Understand judges and courts are very, very unlikely
to terminate parental rights. The consensus in the legal community is that terminating rights is
rarely in the best interest of a child. If your petition is denied, talk to your attorney about how to
appeal the decision. Requirements for appeals vary state by state. [8]

Method 2
Terminating Rights Involuntarily
Download Article
 1.

1
Learn the circumstances under which parental rights can be terminated. If you're trying to
involuntarily terminate someone else's parental rights, this can only be done under certain
circumstances. While these do vary to a degree state-by-state, the majority of US states will grant
termination if the following circumstances are met:

 Abandonment, which means failure to have contact with the child for over 6
months with no excuse
 Neglect, meaning basic needs like food, shelter, water, and health are not met
 Failing to support the child financially, meaning child support payments or
other forms of financial support were not paid
 Egregious harm, meaning the child was hurt badly in the care of a parent
 Serious criminal conviction, meaning certain crimes, usually felonies involving
harming children, can result in parental rights being terminated [9]
2.

2
File a termination petition. Much like voluntarily terminating rights, you need to file a petition
to have rights involuntarily removed. Where and how to file petitions vary from state-to-state.

 You can file a petition through Child Protective Services. This is called a
CHIPS petition (Child in Need of Protective Services). You can also file a
petition independently if you believe your co-parent is endangering your child
and want his or her rights terminated.[10]
 You will need basic information about yourself and the parent whose rights
you're terminating. This information includes name, address, place of birth,
 social security number, and other details you would typically provide on tax or
legal documents.
3.

3
Consult a family law attorney. You should consult a family law attorney throughout the entire
process. Terminating parental rights can be difficult and, if rights are being terminated
involuntarily, legal battles can get stressful and ugly. A family law attorney can protect from
personal attacks in court and help you gather the evidence necessary to prove another parent is
unfit.
4.

4
Gather evidence and witnesses. Once your petition is approved, a hearing will be scheduled. In
the time leading up to that hearing, gather evidence to make your case against the other parent.

 You must prove some of the above listed grounds for termination occurred. If
your filing under grounds of abandonment, for example, you must be able to
prove the other parent has had no contact with the child for six months. If you're
filing under the grounds of a serious crime, you can legally obtain police reports
and court hearings as evidence for your case.[11]
 Certain grounds are harder to prove than others and witness testimony could
help. If the other parent has endangered the child through recreational drug use
but never formerly charged with a crime, you could bring in a witness who saw
the parent drinking heavily or ingesting pills in the child's presence.[12]
 It can be difficult to maintain objectivity in custody cases. Remember, your
emotional reaction is not grounds to terminate custody. You have to prove this
 is in the child's best interest. Your attorney can help you determine what kind of
evidence will and will not help your case.[13]
5.

5
Attend all necessary hearings. There may be many hearings, and even trials, when dealing with
involuntarily terminating custody. You'll need to attend all hearings and behave in a calm,
collected professional manner. Custody hearings can go on for months, even years, and the
process can be expensive and exhausting. Make sure you seek professional support from your
attorney and emotional support from friends and family members during this time. [14]
6.

6
Prepare for setbacks. Courts are usually very hesitant to terminate parental rights. You'll likely
be met with a lot of resistance, especially if rights are being terminated against the will of another
parent. You can prepare for set backs by doing the following:

 Be aware you may be personally attacked in court. Your motivations will be

called into question and the other parents attorney may use past mistakes against
you. Review all your past conduct carefully to try and prepare emotionally for
the impact of harsh cross examination.[15]
 Thoroughly review the appeals process in your state. There is a good chance
rights will not be terminated in the first hearing, so make sure you're prepared to
appeal the decision. The appeals process varies state-by-state, so talk to your
attorney on how to appeal and how to better your chances of success in a second
trial or hearing.[16]
Method 3
Terminating Rights for Adoption Purposes
Download Article

1.

1
Learn about the rules regarding foster care. Rules and regulations about foster care vary from
state-to-state. When, where, and if you can have parental rights terminated as a foster parent
depends on a number of factors.

 In some states, biological parents can voluntarily terminate parental rights in the
event their child finds a loving home. Such petitions are much more likely to be
accepted than typical voluntarily terminations of rights as the child in question
has a safe, alternative environment away from his biological parents. [17]
 You can petition to get the rights of biological parents voluntarily terminated in
most states. However, the process is complicated and you must make sure the
child's safety is at risk. The same grounds, such as abandonment and child
endangerment, must be met to terminate a co-parents rights involuntarily. [18]
 Parental rights are sometimes terminated if a child is placed in foster care.
However, this is up to a judge and likelihood of this occurring varies from state
to state. Talk to an attorney if you're considering foster care so you can
understand your rights.[19]
2.

2
Give up your rights voluntarily. If you're putting a child up for adoption, you can opt to
voluntarily give up your rights. While the process to do so is somewhat lengthy, if your child is in
the care of responsible adoptive parents your petition will more than likely be approved by a
judge. If you're giving up a child for adoption at birth, many states have a waiting period before
 you can voluntarily give up your rights. This is to assure you're certain of your decision and
prepared for the legal consequences of giving up parental rights.[20]
3.

3
Have someone's parent rights terminated involuntarily. In the event you're trying to
adopt a child and the rights of the biological parents are in the way, you can have that
parent's rights terminated involuntarily. This usually occurs when a new spouse wants to
adopt a child from a previous marriage or relationship. Like any other cases of
involuntary termination, you must prove the biological parent is unfit. The process is
much the same as the above outlined method of involuntarily terminating parental rights.
[21]

References
1. ↑http://family-law.freeadvice.com/family-law/child_custody/voluntarily-terminating-parental-
rights.htm
2. ↑http://family-law.freeadvice.com/family-law/child_custody/voluntarily-terminating-parental-
rights.htm
3. ↑http://www.lawhelpmn.org/files/1765CC5E-1EC9-4FC4-65EC-957272D8A04E/attachments/
1F9ED560-F5C1-484D-8909-C20090BC9C37/f-10-termination-of-parental-rights.pdf
4. ↑http://www.lawhelpmn.org/files/1765CC5E-1EC9-4FC4-65EC-957272D8A04E/attachments/
1F9ED560-F5C1-484D-8909-C20090BC9C37/f-10-termination-of-parental-rights.pdf
5. ↑http://family-law.freeadvice.com/family-law/child_custody/voluntarily-terminating-parental-
rights.htm
6. ↑http://family-law.freeadvice.com/family-law/child_custody/voluntarily-terminating-parental-
rights.htm
7. ↑http://family-law.freeadvice.com/family-law/child_custody/voluntarily-terminating-parental-
rights.htm
8. ↑http://family-law.freeadvice.com/family-law/child_custody/voluntarily-terminating-parental-
rights.htm
9. ↑http://www.lawhelpmn.org/files/1765CC5E-1EC9-4FC4-65EC-957272D8A04E/attachments/
1F9ED560-F5C1-484D-8909-C20090BC9C37/f-10-termination-of-parental-rights.pdf
More References (12)
Non-Custodial Parent Rights

What are Non-Custodial Parent Rights?

A non-custodial parent, as opposed to a custodial parent, is a parent who does not have
primary custody of their child. For example, one parent may have custody of the child for several
weeks, while the non-custodial parent may only have custody of the child for one or two
weekends per month.

Additionally, the non-custodial parent may only have certain visitation privileges, such as only
being allowed to see their child during the day or only during specific weekends (e.g., every
other weekend).

Contents

Oftentimes, a non-custodial parent might have set limitations on their legal rights to make major
decisions on behalf of the child. This is known as having legal custody over the child, meaning
the parent is permitted to make choices for the child’s well-being, such as their education or
religious upbringing.
In general, there are two forms of custody: legal custody (mentioned directly above), and
physical custody, which refers to having say over the physical location of where the child
primarily lives.

Noncustodial parents do retain some rights, however, such as the following:

 Being able to access the child’s medical or school records;

 The right to pay child support payments (in accordance with both the child’s best interest and
the parent’s income earnings in mind);
 The right to spend holidays with the child (this could be for the entire holiday or only parts of it
depending on what both the parties and court decides is best for the child);
 The right to report any abuse, neglect, or other factors exhibited by the custodial parent that
have a negative impact on the child; and
 Various other rights that are generally listed in the parties’ child custody agreement.

Although the above list generally covers the majority of rights that a noncustodial parent may
have, each child custody case is different from the next due to the varying laws of each state and
the individual circumstances presented in each case.

Therefore, in order to have your rights protected as a noncustodial parent, you should consider
contacting a child support attorney in your area for further legal advice about your matter. Not
only can an attorney help ensure that your rights are protected, but they can also assist in
determining whether or not you may have additional rights that can be exercised in regard to
your child.

How are Visitation Rights Determined?

The non-custodial parents’ visitation rights are determined by a court’s analysis of several
different factors, including:

 The child’s basic needs and requirements;

 The geographic location of each parent;
 Whether or not there are any instances of neglect or abuse by a parent; and
 The schedules of both the child and each parent.

Prior visitation arrangements have the ability to impact a noncustodial parent’s visitation rights
for subsequent children.
It is also important to note that visitation orders can be modified when there is a substantial
change in circumstances. For example, if the parents remarry or if one of the parents becomes
deceased.

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Can Visitation Rights Be Lost?

In some cases, visitation rights can be lost or revoked. This may happen when one of the
following situations occur, such as:

 When the parent has committed an express violation of the custody agreement that results in
the loss of custody or visitation rights;
 If the parent has become a threat to the child’s safety or well-being, such as if they are violent
towards the child; or
 When the parent’s current lifestyle is incompatible with the set visitation schedule. For example,
if the visitation arrangement specifies that the non-custodial parent may take custody of the
child every weekend, but then the parent moves to another country, this factor may alter the
non-custodial parent’s visitation rights.

Again, these changes will be determined by the court and subsequently reflected in a judge’s
child visitation order. Sometimes a parent will be permitted to contest their visitation rights, but
this will usually be limited and only under special circumstances.

Do I Need to Hire a Lawyer for Help with Custody Rights?

Understanding your rights as a non-custodial parent can be challenging, especially if you are
used to being around the child on a daily basis. Therefore, if you are experiencing issues
involving child custody, visitation rights, or any other family law legal issues, it may be in your
best interest to hire a qualified child custody lawyer who is also located in your area.

A local child custody lawyer will be able to guide you through the process efficiently, can
provide legal advice that is specifically tailored to your matter, and will know the laws that are
applicable to the case in your jurisdiction.
Additionally, a child custody lawyer with experience in this area will know how to negotiate on
your behalf in a manner that ensures your rights are being adequately protected, and can help
prepare a case for court that addresses why your rights as a non-custodial parent need to be
adjusted.