Termination of Parental Rights in New Jersey and Pennsylvania

At Ratliff Jackson LLP, we provide experienced legal counsel in complex, high-stakes cases involving the termination of parental rights. Whether you are a parent facing potential loss of rights, a grandparent seeking custody, or an adoptive family navigating the legal process, we help clients approach these deeply emotional cases with clear strategy, unwavering professionalism, and respect for what’s at stake: the future of a child.

We handle both voluntary and involuntary termination proceedings, offering legal protection and advocacy during one of the most sensitive legal matters in family law.

What Does Termination of Parental Rights Mean?

Termination of parental rights (TPR) is a legal process that permanently ends a parent’s legal relationship with their child. Once rights are terminated, the parent no longer has custody, visitation, or decision-making authority — and the child becomes legally free for adoption.

There are two forms:

• Voluntary termination: A parent agrees to relinquish rights, usually in connection with a stepparent adoption or agency placement.
• Involuntary termination: The state or another party petitions the court to revoke rights due to neglect, abuse, abandonment, or unfitness.

Termination in New Jersey

In New Jersey, involuntary termination cases are governed by N.J. Stat. Ann. § 30:4C-15 to 30:4C-20, which requires proof of four legal elements, including that the child’s safety, health, or development has been endangered and that termination is in the child’s best interest.

Voluntary relinquishment is often handled through the Division of Child Protection and Permanency (DCPP). You can read more via the New Jersey Department of Children and Families.

Termination in Pennsylvania

In Pennsylvania, termination of parental rights is governed by 23 Pa.C.S. § 2511, which outlines grounds for both voluntary and involuntary termination. These include:

• Abandonment (no contact or support for six months)
• Repeated abuse or neglect
• Incapacity or failure to parent
• The child is in state care and the parent cannot or will not remedy conditions

More details are available through the Pennsylvania Department of Human Services.

Each case is evaluated on the “best interests of the child”, and the standard of proof is clear and convincing evidence.

Common TPR Case Scenarios We Handle

• Stepparent adoptions requiring termination of the biological parent’s rights
• Foster care permanency planning involving DCPP or child welfare agencies
• Contested termination based on abandonment or parental unfitness
• Cases involving incarcerated or out-of-state parents
• Voluntary relinquishment to allow relatives or grandparents to assume guardianship

We also represent parents who are at risk of losing rights and need aggressive defense — especially in cases where state agencies have overstepped or made incorrect assumptions.

Legal Representation That Balances Compassion and Strength

TPR cases require precise legal handling and human-centered strategy. We understand that these cases are emotionally charged and often involve children in vulnerable positions. Our attorneys work with families, agencies, and the courts to find the right outcome — whether that means reunification, guardianship, or adoption.

To schedule a confidential consultation, call 856-209-3111 or visit our consultation request page. Our office is located at 811 Church Rd., Cherry Hill, NJ 08002, and we proudly serve clients throughout South Jersey and Southeastern Pennsylvania.

Frequently Asked Questions About Termination of Parental Rights

Can parental rights be reinstated after termination?
No. Once parental rights are terminated — voluntarily or involuntarily — the termination is permanent and cannot be reversed, except in rare, legally specific circumstances (such as fraud or lack of jurisdiction).

Does a parent still have to pay child support after rights are terminated?
In most cases, once rights are terminated, the legal obligation to pay child support ends. However, courts may still enforce past-due support unless it’s explicitly waived or forgiven.

What if a parent contests termination?
In involuntary cases, the parent has a right to a hearing and to legal representation. The court will require clear and convincing evidence that the statutory grounds are met and that termination serves the child’s best interest.

Can a stepparent adopt without terminating the other parent’s rights?
No. A stepparent adoption requires termination of the noncustodial biological parent’s rights, either through voluntary consent or court order based on legal grounds such as abandonment or unfitness.

How long does the TPR process take?
Timelines vary depending on whether the case is voluntary or contested. Uncontested terminations may be completed in several months. Involuntary cases — especially those involving state agencies — can take longer due to investigations, hearings, and appeals.

What rights does a biological parent have during the process?
Biological parents have a right to notice, the opportunity to be heard, and access to counsel in contested cases. Our firm represents both parents and petitioners to ensure each side’s rights are properly protected.