We’ve written about the process of terminating a parent’s custodial rights to their child an different cases presenting unique and unusual circumstances. In some instances, the process is almost rote due to parental ambivalence to the situation; the parent has made no real effort to be
One of the more nettlesome public policy questions courts are forced to address is when and under what circumstances are the rights of a child’s parent to be terminated. The right to procreate and to enjoy the comfort of one’s off spring has long been considered fundamental as a matter of constitutional law. But how is this right meaningful in a world where a parent has been or will be incarcerated for a substantial portion of the child’s minority? This is the question a unanimous Supreme Court sought to answer In Re: Adoption of S.P.