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A mother cannot take away parental rights, only a court order can terminate parental rights and only in serious cases. When a parent petitions the family court to terminate or curtail the rights of the other parent they must provide proof the child is at risk when in the care of the other parent. The court will appoint experts to evaluate the situation and report their findings back to the court. Depending on the seriousness of the situation the court could order parenting classes, order supervised visitations, end visitations and terminate parental rights, if the court finds the other parent is unfit.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • Alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child
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11y ago
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13y ago

Legally speaking, no. A mother can petition a court to do so, however.

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Q: Can a mother take parental rights away from a father without his consent?
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