Can Child Protective Services Terminate a Father’s Rights?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

Can CPS terminate a father’s rights if there was never a birth certificate signed or a right of parentage determined?

The termination of parental rights is usually court mandated in most jurisdictions. CPS may submit a request based on specific grounds to have a father’s rights terminated. Typically, if a child is born to a married woman, her husband is the presumed father and must be named in a suit seeking to restrict or terminate parental rights. Additionally, if the mother is not married when a child is born and no man has been adjudicated to be the father, then the alleged father may request for paternity to be determined to protect his paternal rights.

You should consult with a family law attorney within your jurisdiction for more information regarding CPS termination of father’s parental rights.