severance of parental rights

when the stakes are this high—you need legal strength that matches the moment.

A severance of parental rights is one of the most serious legal actions that a parent can face. It’s not about adjusting custody or modifying parenting time. It is about permanently terminating the legal relationship between a parent and their child. Whether you are seeking this type of relief or fighting to preserve your rights, you need a skilled attorney who understands both the weight of the decision and the complexity of the process. 

At Jade Law Office, attorney Lundyn J. Garrett, represents clients in private severance matters, both those pursuing relief for a child’s safety, and those defending against allegations that are unjustified. Every case demands precision, strength, and legal clarity when a child’s stability, future, or fundamental bonds are on the line.

what is a severance of parental rights?

Unlike custody or support disputes handled in family court, severance actions take place in juvenile court. These proceedings are governed by a different set of rules, timelines, and professionals. The court can appoint attorneys for all parties involved, including the child, and relies heavily on evidence such as social studies, home investigations, and detailed case reports to determine if a severance of parental rights is an appropriate remedy. 

Family law orders can be changed over time. Severance is meant to be permanent. That’s why the legal threshold is high, the process is thorough, and legal representation can be critical. 

who we represent

Choosing to petition for severance is a serious and often emotional step—but for many parents or guardians, it’s a necessary one to protect a child from harm or instability. We provide steady, strategic legal support for:

Parents who have raised a child alone after the other parent chose absence over responsibility

Parents seeking to protect a child from an unsafe, abusive, or toxic environment

Parents navigating coparenting with someone actively undermining the child’s safety, stability, or mental health

Parents confronting ongoing issues like substance abuse, incarceration, or DCS involvement that prevent safe reunification with the other parent

who we defend

Being targeted in a severance action does not mean you have failed as a parent. Severance petitions are sometimes misused, misinformed, or based on outdated circumstances. We provide assertive, strategic legal defense for: 

Parents fighting false or exaggerated claims of abandonment or unfitness

Parents who have maintained meaningful contact or support despite difficult circumstances

Parents navigating recovery or reunification after periods of instability

Parents facing severance actions driven more by interpersonal conflict than by legitimate concerns for the child’s welfare

why choose jade law office?

Severance cases involve high-stakes decisions, strict procedural requirements, and complex emotional dynamics. Jade Law brings strength, sensitivity, and precision to every case—ensuring your petition is supported by clear evidence, sound legal argument, and a deep respect for the child’s well-being.

what you can expect:

Guidance through the entire juvenile court process

Clear explanation of your rights, options, and obligations

Assistance gathering and presenting evidence

Court representation during all phases of litigation

Collaboration with social workers and court-appointed investigators

faqs

  • Grounds can include abandonment, neglect, chronic substance abuse, mental illness, incarceration, and/or a parent who lacks the capacity to execute parental responsibilities. However, it is not as simple as proving one of those elements. Even if one of those items can be proven, rights still may not be severed because the court must also find that severance is in the child’s best interests.

  • Yes. Unlike custody or child support, which can be modified, severance permanently ends the legal parent-child relationship unless later reversed through a rare legal process.

  • Typically, a parent or guardian, such as a prospective adoptive parent, can file for severance. These are different than dependency actions that are usually initiated after DCS involvement.

  • It varies and can often be quick. However, the timeline is heavily impacted by which factor is being used to sever, since some factors require a more extensive discovery process than others to meet the burden required to prevail.

  • Yes. The other parent has a legal right to be notified and respond to the petition if they so desire.

Ready to Talk?

Whether you are pursuing severance to protect a child’s future or defending against claims that threat your parental rights, don’t face it alone. Contact Jade Law Office today to schedule a confidential consultation with Lundyn J. Garrett, Esq and move forward with clarity and confidence.

Lundyn J. Garrett, Esq