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Terminating Parental Rights in Rhode Island

Writer's picture: Brianna C. Repetto, Esq.Brianna C. Repetto, Esq.

What is TPR?

Termination of a parent’s rights (TPR) ends the legal parent-child relationship. Once this relationship has ended, the parent whose rights were terminated has no rights to the child. It must be noted TPR is not the equivalent of losing or surrendering joint legal custody. In cases where one parent has sole legal custody of the child (custodial parent), the other parent (non-custodial parent) still has rights and obligations including but not limited to the right to have contact and/or visitation/parenting time with the child and the obligation to provide financial support for the child.


Parent with child custody

How does one voluntarily terminate his or her parental rights, or the rights of another

parent, in Rhode Island?

Family court matters involving children can be unpleasant and sometimes parents that cannot get along or overcome their differences consider terminating his or her parental rights or the other parent’s rights. Unfortunately, it is not that simple. Under Rhode Island Law, the only way a parent can voluntarily terminate his or her parental rights or the rights of the other parent is through a coinciding adoption.


  • If both legal parents agree to have one of the legal parent’s rights terminated: The parent who is retaining his or her rights must reside with a spouse or one of the child’s grandparents, and that spouse or grandparent must be willing to adopt the child and legally step into the shoes of the parent whose rights are being terminated.

  • If one legal parent wishes to have the other legal parent’s rights terminated and that parent is not in agreement: The parent who is seeking to terminate the other parent’s rights must reside with a spouse or one of the child’s grandparents, and that spouse or grandparent must be willing to adopt the child and legally step into the shoes of the parent whose rights might be terminated.

According to R.I. Gen. Laws § 15-7-7, the court must further find, by clear and convincing evidence, that:

  1. The other parent hasn’t supported the child for a period of one (1) year where financially able to do so;

  2. The other parent has not had communication or contact with the child for a period of at least six (6) months; or

  3. The other parent is proven unfit (even if he or she is financially supportive or present in the child’s life).


What about involuntary termination? How does that work?

Involuntary termination of parental rights may occur when Rhode Island Department of

Children, Youth & Families (DCYF) is involved in cases of serious abuse and/or neglect and after a long legal process. This type of termination cannot be pursued by individuals (unlike the voluntary or semi-voluntary termination situation with a coinciding adoption described above). Upon the filing of a termination of parental rights petition, DCYF has a duty to recruit, process and approve a qualified family for adoption or secure another permanent living situation for the child.


If you or someone you know is in need of family-related legal advice, please reach out to Repetto Law, LLC and one of our experts will help guide you!

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