Legal Question in Family Law in Missouri
Terminating parental rights
Does the state of Missouri have a law or statute stating that a custodial parent must be married to have have the rights of the non custodial parent terminated?
1 Answer from Attorneys
Re: Terminating parental rights
The question you ask is confusing. Are you asking if being unmarried prevents a parent from terminating the parental rights of the other parent? If the two parents are married to each other, then there is almost no way that the parental rights of one parent would be terminated, without terminating both parents' rights.
If the parents are not married to each other, and there is no doubt as to paternity, then there would have to be consent or a showing of unfitness for a court to terminate the parental rights of one parent. This normally only happes when the custodial parent's spouse is adopting the child.
If there is no adopting parent, and a parent has custody of the child, (not the state), then it is dificult for one parent to have a court terminate the parental rights of the other.
Good Luck