Terminating parental rights is one of the toughest situations a parent can possibly dream of having themselves in. After all, a child is the most precious blessing and gift in every parent’s life.
So, do you know how long does a parent have to be absent to lose rights in Canada?
Well, it basically varies from state to state, and there is no precise estimation as these things are extremely sensitive.
However, if a parent doesn’t fulfill any of their legal obligations towards their child and doesn’t even bother to meet or contact them for at least 4 months or more, this may cause them to lose their parental rights.
Want to know more? Continue reading to develop an overall concept regarding the termination of parental rights:
How Long Does a Parent Have To Be Absent To Lose Rights in Canada?
Apart from taking care of your child, there are some legal duties that every parent has towards their child. And they must carry out these duties under every circumstance. Otherwise, unintentionally you will be putting your precious mental or physical life at risk.
Every child deserves their parent’s love and support to have a better life and future. Along with parents, a child’s life also revolves around their parents. And without their care and guidance, surviving in this world is extremely hard.
Parental rights termination means you cannot claim any rights over your own child. Meaning you cannot participate in any judgments regarding your child’s future. It is indeed one of the worst nightmares of every parent.
Can Absent Father Lose Parental Responsibility?
Of course, the absent father can lose their parental responsibility if the other parent (mother) or the child has solid grounds against them.
Absent fathers are those parents who have left their children without any reason. And didn’t even bother to know where that child of them is alive or not for once in their lives—let alone taking care of the child.
Then definitely, the other parent reserves all kinds of the right to appeal for the termination of that absent parent and thus take action accordingly.
So, if you don’t want your parental rights and responsibility to get canceled forever, then never make the mistake of backing from your responsibility. As after some years in the near future, you will regret this decision of yours.
Children are the blessings in our life that give us the ultimate reason to survive in this world along with bringing happiness. So, always try to love your precious child with all your heart when there is still time.
Otherwise, once you lose the rights, you will never be able to uphold your rights on them as again. To simply state, you will end up losing all your rights over your own child at that instant once the law is passed to terminate all your parental rights.
What Kind of Parental Rights Do Absent Parents Have?
Every biological parent reserves all kinds of rights over their child unless that right goes against the law or any moral ethics. In fact, no law in the entire world can stop you from loving and taking care of your child. It doesn’t matter if you live together or separately.
Taking care of your child’s needs and loving to the death is something that hardly any parent can stop themselves from doing. After all, no matter, every child is special to their parent.
Now, for absent parents, they also have the same rights as normal parents. However, the other parent can always file a parental termination against the absent parents—if they have enough strong grounds.
The timeline for appealing against the absent parents who didn’t even try to contact or have met their child for at least 4 months or more without any valid cause will have to undergo these trials. Any normal parent who loves their child will never do such things.
So the moral of the story is whether normal or absent parents, every parent has an equal right to their child.
But if the child or the other parent wants to terminate their parental rights based on their strong grounds, they can definitely appeal to the court. After then, depending on the case, the court will take the final call.
What Parental Rights Does Bioloagal Parent Must Uphold?
Although every biological parent has all kinds of rights over their child yet, there are certain parental rights and obligations that they must do for their child under every circumstance.
There are no excuses in doing the below enlisted two major responsibilities:
Protecting And Supporting Your Child
Whether it be physical, mental, or emotional needs, you should always be there for your child to support them and give them the love and attention they need to grow up as an ideal person.
After all, without your support and care, they will find it extremely hard to even survive in this cruel world. And as a parent, protecting your child and giving them the support they deserve is your 1st and foremost duty you must take care of.
Providing The Basic Necessities
As a parent, it is your duty to take care of all the fundamental necessities of your child. They were brought to this world by you; they didn’t choose to come on their own.
So, you must take full responsibility for your child and try your level best to meet their basic needs. Such as food, house, medical treatment, education, and various other financial needs.
If any parents deliberately don’t want to take their responsibility, then they will ultimately lose their parental rights if the other parent files an appeal to terminate all their parental rights.
Can I Terminate My Parental Rights Willingly?
Ending parental rights willingly is extremely unusual. After all, no parent will not lose their child even if it costs their lives. Besides, the court also doesn’t permit this termination if the parents cannot show any strong grounds behind taking this drastic step.
Just because you want to escape from your child’s expenses doesn’t mean that you will be able to do, especially when you have the full capability to meet them.
It is your primary duty as a parent to maintain all the basic needs of your child. Remember, they didn’t choose to come into this world; you have brought them.
So, if your case also falls under the below 3 main criteria, then the court will not support your termination:
- Have no time for your child and think of them as a mere burden
- Want to avoid paying the expenses of your child
- Both parents mutually agree to end their rights, thinking about their own selfish motives and benefits
Can Parental Rights Get Terminated Without The Consent of Parents?
Of course, they can get terminated without the parents’ consent. A child’s wellbeing is always the number one priority of the judges. So, based on their welfare, the court always takes the decision.
If they think that ending these rights will be good for that child, they will obviously take this decision.
And for the child, they didn’t commit any crime or have any fault. So why should they suffer for any of the mistakes of their parents, Right?
Let’s have a look at the below listing where parental rights can get terminated without their consent:
- Torturing the child both mentally and physically
- Failure to meet the basic needs of the child
- Have criminal records and inducements
- Doesn’t pay child support
- Drug addict
- Long time communication gap
- Doesn’t have a normal bond as a normal parent and child should have
How Long Does A Father have To Be Absent To Lose Custody?
If a father is absent for a minimum of 6 months and doesn’t even contact or meet his child for once within this timeframe, they ultimately lose custody.
As a father, you have various liabilities towards your child, starting from financial obligations to taking care of all the needs. And any excuse to not fulfill them without any valid reason eventually results in the annulment of parental rights.
Generally, no law can separate a father from his child. But if they don’t fulfill any of their responsibilities towards their child and abandon them, then the other parent can appeal for terminating all their parental rights after 4 to 6 months or more, based on your state rules.
Moreover, being absent in any of the custody trials without any strong grounds will be taken as a negative marking. After all, what in the world can be more important for you to be present in the child custody trials of your court.
*Note: This time limitation is a general one and may vary from state to state, depending on their rules and regulations.
To Wrap Up
Hopefully, all your queries regarding “how long do a parent have to be absent to lose rights in Canada are cleared?”
Parents are liable for taking care of their child’s basic necessities till the child turns 18, based on Canadian law. However, there is no such law that you cannot practice your rights over them or stop taking care of them after the child gets adult.
And giving up parental rights is a huge call as it is directly linked to the child’s future. And once the court grants this termination, you will no longer be able to have any sort of claim or rights on your child.
Hence, take this decision carefully, and for any kind of doubt, talk with an experienced lawyer to get the right help and guidance.