Can Parental Rights Be Terminated in New York? The Harsh Reality

Few moments in Family Court carry more emotional weight—or more lasting consequences—than the termination of parental rights (TPR). It is the most serious action a Family Court judge can take. When the court decides that a parent can no longer safely or responsibly care for a child, it can permanently sever all legal ties between that parent and the child.

Under Article 6 of the New York Family Court Act, and guided by federal law through the Adoption and Safe Families Act (ASFA), this process is designed to protect children from chronic neglect, abuse, or unsafe environments. But make no mistake—termination is final. Once a judge signs that order, there is no going back. Parental rights cannot be restored later, even if a parent’s circumstances improve.

Although Family Court is a civil court, not a criminal one, the impact of a termination order can feel more devastating than any jail sentence. The loss is total: the right to raise your child, to see your child, and even to know how your child is doing. 

What Termination of Parental Rights Really Means in New York

Legally, termination of parental rights ends the parent-child relationship forever. The parent loses all legal rights and responsibilities related to the child—custody, visitation, decision-making, inheritance, and even communication. The child becomes legally free for adoption, typically by a foster parent, family member, or another caregiver.

In plain terms, it means:

• No visitation or custody rights.
• No say in your child’s education, healthcare, or welfare.
• No contact unless an adoption agreement specifically allows it.

It’s permanent. The child’s last name may change. Their records are sealed. And while the law’s intent is to protect children from unsafe situations, the process can be emotionally crushing for parents who’ve struggled but never stopped loving their child.

Legal Grounds for Termination of Parental Rights

Under Family Court Act §§ 622–631, the court can terminate parental rights on one or more of the following grounds:

Permanent Neglect

When a parent fails for at least 12 months to maintain contact with or plan for their child’s future—even after the local agency (like CPS) has made efforts to reunite the family.
These cases often arise when children have been in foster care for an extended period.

Abandonment

If a parent has no contact for six months or more without a valid reason, the court may find intent to abandon. Lack of phone calls, visits, or letters can be enough to prove abandonment.

Mental Illness or Intellectual Disability

If the parent suffers from a mental illness or developmental disability so severe that it prevents them from safely caring for the child in the foreseeable future, TPR may be ordered. Expert psychological testimony is required.

Severe or Repeated Abuse

Where the parent has seriously injured, abused, or chronically neglected the child—or another child in the household. These cases often overlap with criminal charges.

Surrender

Sometimes, a parent may voluntarily surrender their parental rights to allow a trusted relative or foster parent to adopt the child. While painful, this can sometimes allow a more controlled transition and preserve limited contact.

Who Can File a Termination Petition

Not just anyone can request that a parent’s rights be terminated. Under New York law, only specific parties are authorized to file a termination petition:

• Local child welfare agencies, such as CPS (Child Protective Services) or ACS (Administration for Children’s Services)
• Authorized foster care agencies
• The child’s attorney (law guardian)
• In rare cases, another parent or relative

These petitions are typically brought by the government, not private individuals, and the petitioner must meet strict evidentiary standards. In other words, the burden of proof is high, but once met, the outcome is permanent.

How Termination Cases Work

Filing the Petition

The process begins when a petition is filed in Family Court. The petition must outline the legal grounds for termination and the specific facts supporting those grounds. The parent (called the respondent) is then formally served and has the right to an attorney—appointed by the court if they cannot afford one.

Fact-Finding Hearing

The court holds a hearing to determine whether one of the statutory grounds for termination exists. The agency must prove its case by “clear and convincing evidence”—a higher standard than most civil cases.

Dispositional Hearing

If the court finds grounds for termination, a second hearing determines whether ending parental rights serves the child’s best interests.
Sometimes, instead of immediate termination, the court may issue a suspended judgment—a short-term probation period giving the parent one final chance to show change.

Final Order

If the judge determines that termination is appropriate, a final order is issued. From that moment forward, the child is legally free for adoption, and all parental rights are extinguished.

The Time to Act Is Now—Your Rights Depend On It

Termination of parental rights is meant to protect children—but for parents, it represents a life-altering loss. Once your rights are gone, there is no appeal that can bring them back.

If you have received notice from CPS or been served with a Family Court petition, do not wait. Every day matters. The earlier you involve an experienced Family Court attorney, the greater your chances of avoiding termination or negotiating a better outcome.

Get the Guidance You Deserve in Family Court

If you are facing a termination of parental rights case or have been contacted by CPS, don’t go through it alone.
Attorney Steven Zalewski, Esq. has spent over 40 years representing parents in Suffolk County Family Court, providing honest, compassionate, and skilled representation when the stakes are highest.

📞 Office: (516) 377-7830
📱 Cell: +1-516-660-4354
📧 Email: steve@zandzfamilylawyers.com
🏛 Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749