What would you like to do?
You and the family members go down to the Courthouse and the family member file a "petition for custody" of the child(ren). Then the parents (both of them) do not oppose the petition. It depends every state would be a little different. You can check at your county courthouse they usually have forms and booklets on how to do this. The court house probably has a web page which may be easer, most court houses have websites now. Of course you can consult a lawyer (they're expensive) or a para legal they're cheaper but if you find the right forms and instruction booklet you can likely do it yourself. There is probably a court cost that shouldn't be too expensive.
7 people found this useful
Was this answer useful?
Thanks for the feedback!
Can a parent lose custody of a child if parental rights are not voluntarily relinquished or terminate by the court?
Answer Laws vary from state to state, please check with a local organization to verify details of the law in Florida. Termination of… parental rights is a procedure which the state undertakes in order to prepare a child for adoption by a new parent. It is not a legal process which a parent can initiate, except in the case of "second parent adoption" More Opinions File a voluntary Termination Of Parental Rights (TPR) in the appropriate state court (usually probate) in the county in which the child lives. Contacting the office of the clerk of that court will provide specific information. The judge decides whether or not rights will be terminated and if so to what extent. TPR petitions are not a legal instrument to be used as a means for a parent(s) to escape their financial obligations to a child.
Answer It all depends where you are located and the laws there as well as your age. Usually you would become a ward of the state at this point.
Yes. But it doesn't affect support payments. That is still determined by the state, not EITHER parent.
yes however in some cases the adoptive parent has given family or a close friend legal gauardianship of child or children do to family and military
yes or should i say yup yes or should i say yup
Ohio has laws that allow the a parent to file a Termination of Parental Rights petition. Whether that petition is granted and to what extent is decided by the court… based on the individual case circumstances. The voluntary relinquishment of parental rights is generally granted to allow a child/children to be a candidate for adoption. The court will not grant a TPR when its sole purpose is for a parent to escape financial obligations to their minor children.
Question is unclear, or some facts are missing . Minors do not "give" their parents grants of temporary custody. Only the court can award custody.
If the only reason is to remove child support obligations the answer is No. Only courts have the authority to terminate parental rights. In fact, when a biological parent has …proved to be such a poor parent that their continued involvement would be detrimental to the child a court can terminate parental rights and the parent is still financially responsible for the child. Courts are always reluctant to allow the voluntary termination of parental rights unless the reason is to facilitate an adoption. They generally recognize that a child is entitled to the support of both parents. The legal parent has the responsibility to provide financial support for the child. The possibility of obtaining approval from a court is further reduced if the custodial parent is receiving any kind of assistance. Many courts do not allow it at all unless the child will be adopted by another responsible adult or the remaining parent has the resources necessary to fulfill the needs of the child. You need to consult with an attorney who specializes in family law who can review your situation and explain your options.
Yes, with the permission of the courts. BTW, termination of parental rights does not terminate child support.
In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of… parental rights does not, in itself, terminate child support.
Can parent voluntarily release parental rights in Probate court with a pending Termination Petition in Family Court?
That would depend on prevailing law where you reside. You need to consult an attorney.
If the child is being placed for adoption yes, otherwise the court may involuntarily rescind parental rights in certain (and dire) circumstances. Note that terminating parenta…l rights often does not terminate child support obligations, again, unless the child is being adopted.
You may petition the court in the county of jurisdiction with your request. Consult an attorney or the clerk of the court for the appropriate forms. Be prepared to provide acc…eptable reasons and appropriate documentation why your parental rights should be terminated. Also, you should be aware that termination of parental rights does not terminate your obligation to pay child support. All it will do is strip you of your right to see your child or have any decision making power in their lives.
You can complete the form located at the related link below. You will need to get it notarized. Most banks have a notary on duty. keep in mind that terminating you…r rights does not guarantee terminating your financial obligation, and you may not be permitted to terminate your rights either.