Short answer: Yes, you can fight an involuntary termination of parental rights in Pennsylvania, but it’s a difficult process that requires a strong legal defense, clear documentation of your efforts as a parent, and quick action. If your rights are in jeopardy, don’t wait—get legal help immediately.
I’m Attorney David Wenger of Wenger Law Firm, and I’ve represented parents, grandparents, and stepparents in some of the most emotional and legally complex termination of parental rights cases across Mercer, Crawford, Lawrence, Beaver, and Butler Counties in Pennsylvania. Let me walk you through what you’re up against, what options you have, and what to expect if you want to fight involuntary termination of parental rights in Pennsylvania.
What Is Involuntary Termination of Parental Rights (IVT)?
Involuntary termination of parental rights—or IVT—is a court order that permanently ends the legal relationship between a parent and their child. This means:
- You lose all custody and visitation rights
- You have no say in decisions about the child’s upbringing
- Your legal responsibilities for the child end
- The child becomes eligible for adoption
The law that governs this process in Pennsylvania is 23 Pa.C.S. § 2511, and the standard is “clear and convincing evidence”—a high burden, but not impossible to overcome.
Why Would the Court Terminate My Parental Rights?
In Pennsylvania, a court can terminate your rights without your consent if certain conditions are met. These include:
Abandonment
If you haven’t had contact or provided financial support for your child for at least six consecutive months, the court may view this as abandonment.
Chronic Substance Abuse or Mental Health Issues
If addiction or an untreated mental health condition makes it impossible for you to parent safely—and you haven’t taken steps toward recovery—you may be at risk.
Failure to Follow Reunification Plans
If your child was removed by CYS or DHS and you haven’t complied with court-ordered plans, your rights can be terminated.
Repeated Abuse or Neglect
Any history of serious physical or emotional harm to the child is a major factor.
Criminal Convictions
A parent convicted of murder, rape, or other violent felonies involving the other parent or child may face IVT.
Incarceration
Lengthy incarceration, especially when paired with lack of contact, can also lead to termination.
Do You Have Rights in an IVT Case?
Yes. Even in involuntary termination cases, you have constitutional rights as a parent. These include:
- The right to be notified of the petition
- The right to a court hearing
- The right to legal representation
- The right to present evidence and cross-examine witnesses
Pennsylvania courts recognize the fundamental liberty interest of parents in the care and custody of their children. That means you have the right to fight back, and Wenger Law Firm can help you do it.
How Do You Fight Involuntary Termination of Parental Rights in Pennsylvania?
Step 1: Respond to the Petition Immediately
The court will schedule a hearing, and you must respond by the stated deadline. If you do nothing, the court can issue a default judgment against you—terminating your rights without a hearing.
Step 2: Hire an Attorney
Contesting IVT in Pennsylvania isn’t just about telling your story—it’s about proving to the court that you are capable of parenting now or in the near future. You need legal guidance on:
- Presenting the right evidence
- Filing the correct motions
- Cross-examining expert witnesses (caseworkers, therapists, etc.)
I represented a mother in Lawrence County who had been clean for nine months after a long battle with opioids. CYS filed for termination based on her prior record. We presented testimony from her rehab counselor, documentation from her outpatient program, and her employer. The court denied the termination request, giving her another chance. She’s now reunified with her daughter.
Step 3: Gather Proof of Parental Efforts
Pennsylvania judges will want to see that you’re actively trying to parent, such as:
- Attending parenting classes
- Completing drug or alcohol treatment
- Visiting regularly
- Providing gifts or financial support
- Maintaining contact through phone, letters, or supervised visitation
Step 4: Challenge the Petitioner’s Evidence
Often, IVT petitions are filed by:
- County child welfare agencies (like CYS or DHS)
- The custodial parent
- A stepparent trying to adopt
You can—and should—challenge claims of abandonment, unfitness, or noncompliance. Judges understand that life is complicated. Showing that you’ve changed, that your struggles are behind you, or that you were wrongly accused can make a real difference.
Appealing a Termination of Parental Rights Order in Pennsylvania
If the court rules against you, you have 30 days to file an appeal to the Pennsylvania Superior Court.
The appeal must show:
- That the trial court made an error of law, or
- That it abused its discretion in evaluating the facts
Appeals are hard to win, but they are possible, especially if:
- You weren’t properly served
- Your attorney failed to present key evidence
- There was bias or misconduct in the process
I once handled an appeal out of Beaver County where a father had been incarcerated but was sending letters and small gifts. The agency didn’t disclose this at the hearing. The Superior Court reversed the termination because his efforts had been ignored.
Can Termination of Parental Rights Be Reversed in Pennsylvania?
Technically, yes—but it’s extremely rare. Once rights are terminated, they are intended to be permanent. Courts will only consider reversal in cases involving:
- Fraud or misrepresentation
- Violation of due process
- Clerical errors or procedural defects
Local Perspective: What to Expect in Mercer, Crawford, Lawrence, Beaver, and Butler Counties
Each county in Pennsylvania handles IVT cases slightly differently:
Mercer County:
Judges expect strict compliance with reunification plans. Missed drug tests or failure to attend parenting programs can seriously hurt your case.
Crawford County:
Courts tend to focus heavily on the child’s long-term emotional and physical well-being. Stability is key.
Lawrence County:
The local child welfare agency often files for IVT quickly. I’ve seen parents succeed here when they act early and show consistent recovery efforts.
Beaver County:
The family court here leans on expert testimony, especially in substance abuse cases. If you’re in treatment, get your counselor involved.
Butler County:
Judges want to see family support systems in place—grandparents, siblings, or mentors who can help stabilize the home.
No matter where your case is, Wenger Law Firm has local experience and strong relationships with courts across Western PA.
Why You Need a Parental Rights Defense Attorney
IVT cases are emotionally devastating, and the legal system isn’t forgiving. The county may have experienced attorneys and expert witnesses on their side. You need someone who:
- Knows the law
- Understands your rights
- Will fight for your family
At Wenger Law Firm, we provide:
- Strategic defense in termination hearings
- Representation in appeals
- Help with reunification plans
- Advocacy for parents and guardians
Frequently Asked Questions (FAQ)
Can you fight involuntary termination of parental rights in PA?
Yes, absolutely. With the help of an experienced attorney, you can contest the petition, present evidence of your progress, and argue against termination.
How do I stop my parental rights from being terminated?
Act fast, hire a lawyer, and begin demonstrating that you are capable of caring for your child. Comply with reunification plans, stay in contact, and document everything.
Can I appeal a termination of parental rights in Pennsylvania?
Yes. You have 30 days to file an appeal to the Pennsylvania Superior Court. Appeals are complex and must show legal error or abuse of discretion.
What evidence helps in a termination case?
Proof of parenting classes, rehab completion, employment, housing stability, contact with the child, and character witnesses.
Do I get a free attorney in a termination case?
In many cases, yes. Courts will appoint an attorney if you cannot afford one—but you also have the right to hire private counsel, which gives you more control and support.
Take the First Step—Before It’s Too Late
If you’ve received notice of a petition to terminate your parental rights—or you’re worried one might be filed—now is the time to act.
At Wenger Law Firm, we fight for parents who want to do right by their kids. You don’t have to be perfect—but you do have to be proactive.
