Are there forms to voluntarily relinquish parental rights without having to go to court?

Question

My daughter is 5 1/2 years old. She hasn't seen nor heard from her father in 2 years. He is ready to relinquish his rights and I am willing to completely agree to this. Is there anything we can do without going to court AGAIN?! I, myself, have spent over $20,000 in the past 4 years on attorney fees, court costs, and filing documents. All for nothing. Untill now. BUT I DON'T want to go back to court. HELP!

Answer 1

Yes, but it depends on the state and county that has jurisdiction over the children (generally the place where they reside).

In Texas, a motion must be filed with the court, the parent whose rights will be terminated must be served with process, and an order must be entered by a judge. Also, "voluntary relinquishment of parental rights" must be filed with the court as well. This requires an affidavit signed by the parent giving up the rights.

These three are what you need. I have included the general form for the affidavit. G/L

Acknowledgment and Agreement by Parent of Termination of Parental Rights
IN THE ___________COURT OF _______________ (County), _________________ (State)

__________________ PETITIONER

V. CAUSE NO. ____________

_________________ RESPONDENT

Acknowledgment By Parent of Termination of Parental Rights
I, ______________________ (Name of Parent), do hereby give notice and acknowledge that I have terminated any and all rights as a parent that I have to my ____________ (e.g., son/daughter), named __________________ (Name of Child), age _______ (Age of Child) at the time of this notice and acknowledgment.

On the ____ day of __________, 20____, the __________________ (Name of Court) for the County of ________, State of __________, entered an order stating that my parental rights were terminated due to ___________________________________________________________ (Description of Reason for Termination of Rights). It is with great love and concern for my child that I have accepted this termination of my parental rights in the belief that my child can receive the care and attention ______ (he/she) deserves.

WITNESS my signature this the ____ day of ________, 20____.


______________________________
Signature of Parent

STATE OF _________________
COUNTY OF __________________
Personally appeared before me, the undersigned authority at law in and for the aforesaid jurisdiction, the within-named _____________________ (Name of Parent), who, after being by me first duly sworn, stated on oath that the matters and facts set forth in the above and foregoing Acknowledgement are true and correct as therein stated.

______________________________
Signature of Parent

SWORN to and subscribed before me, this the day of ___________, 20___.

_________________________
Notary Public
My Commission Expires:

Answer 2

1

Answer 3

You both have to go before the judge. Even though he willingly wants to relinquish his parental rights, the court may not grant that. In PA there has to be a third party interested and willing to adopt the child before the court will entertain allowing a parent to give up his rights.

Answer 4

There is a form to be filled out and filed. I think to make it binding you need a court order and not all judges will approve it; the thought being that the father has a legal obligation to support the child, and by allowing the father to relinquish his rights you may be making the child a ward of the State in the future. I.e. you might request help from social services. Also raising a child by yourself without financial support is a burden, especially as the child gets older.

Answer 5

No. You still have to go to court. However, the court will NOT challenge you on this one at all. The reason for going to court is to finalize your decision & keep you from being able to get your rights back.

Answer 6

Parental rights can only be relinquished by the courts.

All children have to right to have a father. Parental rights are only relinquished if it is "in the best interest of the child".

Is your new husband willing to adopt your daughter?
Is there any way that your daughter's father's parental rights could be taken away by the courts? In other words, is he a danger to her?

If he relinqueshes his rights, he no longer has a legal obligation to support her. (What if he wins the lottery?).

What if something should happen to you? Would she not deserve to have another parent?

If you cannot answer the above questions truthfully, it would not be in your "daughter's best interest" to lose her father.

Answer 7

It would not be as "binding" or "legal" as if you had gone to court, but you could always write up the papers between the two of you, both sign and then have them notarized. Good luck.

Answer 8

i agree with catnip. get the form notarized but eventually to make it legal you will have to go to court. (i think) but i know definetly the notarized statement will suffice.