What do you do when this gets filed against you?

Ocean Springs Lawyer: Get One In Your Termination Of Parental Rights Case

First, there is no question in this kind of case that you must get a lawyer. I don’t always say that but losing your kid is a real possibility here so don’t take any chances.

Second, what “hard evidence” do you have to disprove what was filed against you?

“Hard evidence” is audio recordings, video records, birthday cards, receipts, pictures, social media posts, etc.

I know you may not have as much “hard evidence” as you need BUT you MUST get as much as you can.

Do you have witnesses that can help you?

Court Of Appeals Case For Termination Of Parental Rights

Let’s talk about a recent case, Hattie T. v. Matthew R. and Melissa R.

Here is some legal mumbo-jumbo for you that our Court of Appeals said about this case:

In cases where parental rights have been terminated, our scope of review is limited. Smith v. Doe, 314 So. 3d 154, 162 (Miss. Ct. App. 2021).
In termination-of-parental-rights cases, an appellate court examines ‘whether credible proof exists to support the chancellor’s finding of fact by clear and convincing evidence. Rogers v. Kresse, 365 So. 3d 1047, 1051 (Miss. Ct. App. 2023).

The chancellor’s findings of fact are viewed under the manifest error/substantial credible evidence standard of review. Id. We “will not substitute our judgment for the chancellor’s. Id.

Mississippi Code Annotated section 93-15-119(1)(a)(i)-(ii) (Rev. 2018) provides that a court may terminate the parental rights of a parent when, after conducting an evidentiary hearing, the court finds by clear and convincing evidence [t]hat the parent has engaged in conduct constituting abandonment or desertion of the child, as defined in Section 93-15-103, or is mentally, morally, or otherwise unfit to raise the child, which shall be established by showing past or present conduct of the parent that demonstrates a substantial risk of compromising or endangering the child’s safety and welfare; and [t]hat termination of the parent’s parental rights is appropriate because reunification between the parent and child is not desirable toward obtaining a satisfactory permanency outcome.

Abandonment is defined as ‘any conduct by a parent which evinces a settled purpose to forego all duties and relinquish all parental claims to the child. Smith, 314 So. 3d at 163. Desertion is defined as “[a]ny conduct by the parent over an extended period of time that demonstrates a willful neglect or refusal to provide for the support and maintenance of the child; or that the parent has not demonstrated, within a reasonable period of time after the birth of the child, a full commitment to the responsibilities of parenthood.” Miss. Code Ann. § 93-15- 103(d)(i)-(ii) (Rev. 2018). Even where one of the grounds for termination is proved by clear and convincing evidence, the trial court must still consider whether ‘termination is in the best interest of the child.’” Smith, 314 So. 3d at 166 (¶43).

What does all of the above legal mumbo-jumbo mean?

It means is VERY hard to terminate parental rights. In my experience, most Judges do not want to do this. They will give you a chance to make a course correction in your life.

But, this means you must make that course correction.

If you are taking illegal drugs, you have to stop.

If you are continuing to get drunk every day, you have to stop.

If you are engaging in inappropriate behavior in front of your kids, you have to stop.

There is any number of things going on in your life that you might have to change to prevent a termination of your parental rights.

So there’s no point in complaining if you fail to do what the Judge says to prevent the termination of your parental rights.

The choice is yours.

What changes are you going to make in your life prevent a termination of parental rights?

So what does the trial court judge do here in this case?

The Judge found Hattie deserts both of her kids by failing to show a full commitment to the responsibilities of parenthood.

You can see where this is heading already, right?

The chancellor cited testimony of alcoholism, drug use, and multiple DUIs.

This is not good when a Judge says these things about you.

Specifically, the chancellor noted that Hattie had continued to abuse alcohol during the youth court proceedings.

In other words, after they tried to get her to stop, Hattie continued to do the wrong things.

Hattie completes a substance abuse treatment program after the youth court proceedings finish.

But, the Judge says this was too little too late.

This Is Why You Get A Lawyer In A Termination of Parental Rights Case

According to the Judge, Hattie thinks her relapses are no big deal.

Hattie testifies apparently that she was the victim. In other words, Hattie had not accepted responsibility for her actions.

You might as well put a target on your back asking for a termination of parental rights if you do this.

I guarantee you that if Hattie had a lawyer, then the lawyer would have helped her understand how important this is in a termination of parental rights case.

But, she chose to represent herself.

The Judge finds Hattie abandons her kids when she continues to abuse alcohol and take drugs instead of complying with the requirements for reunification.

The Judge also finds Hattie’s long separation from her kids was due to her choices and actions.

Once again, when a Judge says this about you, this is really bad.

The Result For Hattie? Termination Of Parental Rights.

Here’s what the Court of Appeals says, our scope of review is limited. After review, we find that clear and convincing evidence supported the termination of Hattie’s parental rights and the finding that termination of parental rights was in the best interests of the children. Therefore, we affirm the chancellor’s judgment.

So Hattie loses her kids.

Because of drugs and alcohol.

The lesson?

Do what the Judge says.

And get a lawyer if you find yourself in a termination of parental rights case.