Recent Case Discusses Termination of Parental Rights
The South Carolina Supreme Court recently issued its opinion in S.C. Dept. of Social Svcs. v. Seegars, in which it affirmed the Family Court's termination of Ms. Seegars' parental rights due to (a) willfully failing to provide support and (b) having a diagnosable condition unlikely to change within a reasonable time.
Under S.C. Code § 20-7-1572(4) the Family Court may order termination of parental rights if:
- The child has lived outside the home of either parent for a period of six months, and during that time the parent has willfully failed to support the child. Failure to support means that the parent has failed to make a material contribution to the child's care. . . .The court may consider all relevant circumstances in determining whether or not the parent has willfully failed to support the child, including requests for support by the custodian and the ability of the parent to provide support.
Whether a parent's failure to support a child is "willful" within the meaning of the statute is a question of intent to be determined in each case from all the facts and circumstances. Conduct of the parent which evinces a settled purpose to forego parental duties may fairly be characterized as "willful" because it manifests a conscious indifference to the rights of the child to receive support and consortium from the parent. S.C. Dep't of Soc. Servs. v. Broome, 307 S.C. 48 (1992).
Ms. Seegars argued that she made material contributions in accordance with her means because she made two partial payments toward child support and the toys, gifts, and money she gave to the children are evidence of material contribution. However, the S.C. Code § 20-7-1572(4) defines "material contribution" as "either financial contributions according to the parent's means or contributions of food, clothing, shelter, or other necessities for the care of the child according to the parent's means." The Court found that toys are not included in this definition and would not be considered in concluding whether she made a material contribution to the children.
S.C. Code § 20-7-1572(6) also provides that the Family Court may order termination of parental rights if:
- The parent has a diagnosable condition unlikely to change within a reasonable time including, but not limited to, alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unlikely to provide minimally acceptable care of the child. S.C. Code Ann. § 20-7-1572(6).
In this case, the licensed clinical psychologist, who conducted a psychological evaluation of Ms. Seegars, diagnosed her with schizotypal personality disorder and alleged physical and sexual abuse. She concluded that Ms. Seegars "is not currently or likely ever capable of appropriately caring for her children, financially, emotionally, or intellectually." Therefore, the Court found that there was clear and convincing evidence that Ms. Seegars had a diagnosable condition which was unlikely to change within a reasonable time, and this condition made her unlikely to provide minimally acceptable care of the children.
The Court concluded that termination of Ms. Seegars' parental rights is in the best interests of Children. You can read this opinion, which contains a thorough discussion of these two grounds, here.
If there is termination of parental rights, does the terminated parent still have to pay support/arrearages?
q:Is it possible to terminate parental rights of the non custodial parent in the absence of a petition for adoption by a 3rd party? I am the biological mother & have been the sole supporter(financially,emotional,etc)for 6 years. My reasons are abandonment;I am financially independent & have made provisions for my child in the event of my demise but the court is not accepting my petition. Suggestions???
q:Is it possible to terminate parental rights of the non custodial parent in the absence of a petition for adoption by a 3rd party? I am the biological mother & have been the sole supporter(financially,emotional,etc)for 6 years. My reasons are abandonment;I am financially independent & have made provisions for my child in the event of my demise but the court is not accepting my petition. Suggestions???
Is a parent who does not have custody of his/her child able to terminate their parental rights without consent from the custodial parent or gaurdian, if the non-custodial parent has not seen or had any contact with the child in over 13 years?
Is a parent who does not have custody of his/her child able to terminate their parental rights without consent from the custodial parent or gaurdian, if the non-custodial parent has not seen or had any contact with the child in over 13 years?
In a TPR where the father has made sporatic support has been convicted of felonies spent time in prison failed to attend drug rehab in a timely manner as ordered. The child has lived outside the home for the last three years. Yet the judge says he would not terminate because it was not willful?????
Does a custodial parent have the right to keep a noncustodial parent from taking children from school at will?
The parents of my two granddaughters went to jail for having a meth lab in their home. The wife got probation for three years and the father got 12 years and 9 1/2 years split serving three years. He has been on probation for three years and has6 1/2 years to go. We have had full custody of the children for six years last month. (Feb 2008) We have tried and tried to let the parents see the children. They only visit when it is good for them and they promise to come and don't. Now in the last few months they have been telling their children that they are going to get them back to the point it has caused the 13 year old to act out. She cuts herself and does all kinds of things thinking that we will give her up. This is the second time she has been admitted to the hospital. Both kids have ADHD and are taking meds. The older child doesn't want to leave or live with her parents. The parents are telling me that all we have to do is fill out a paper and take it to the family court and file it to see a judge. If this is true why would the Court in Alabama give us full custody if the parents could take them away from their home? Wouldn't the Court have to determine if the parents are capable of raising the children and can supply all of their needs? The parents are still doing things that aren't right. Like getting unemployment when he is working a full time job. Now he is fired from his job and still drawing unemployment. The first year he was out of jail he went behind our back and filed income tax on the girls. I don't know what to do. If you have any advice for me please help me do what is right for both children.