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Only a court order can terminate parental rights and only in serious cases. When a parent petitions the family court to terminate or curtail the rights of the other parent they must provide proof the child is at risk when in the care of the other parent. The court will appoint experts to evaluate the situation and report their findings back to the court. Depending on the seriousness of the situation the court could order parenting classes, order supervised visitations, end visitations or terminate parental rights, if the court finds the other parent is unfit.

In the case of a non-parent petitioning the court to end parental rights, if the court finds there is good reason to remove the child from the parent's custody it will appoint a legal guardian for the child.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • Alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child.

You need to consult with an attorney who specializes in custody issues who can review your situation and explain your options.

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Could i Sign away parental rights in Wyoming and not pay child support?

You can sign away your rights, but you will still owe for child support. The child is yours.


What do you lose when you have your parental rights removed from you?

If your parental rights are taken away from you, you lose all contact and say over what that child does. You will not have visitation with the child at all and you cannot make decisions about their school, medical, or religion.


What rights does an illegal immigrant have to his child he shares with a citizen and in the event of the death of the mother can he raise the child in his country against a written will of the mother?

Tricky and the laws will depend on the jurisdiction. Most will not allow a minor outside of their jurisdiction, so that they can validate the welfare of the child. You need to go to court to get your parental rights if you have not already. Immigration status have no bearing on parental rights so if the mother dies you will get the child. She can not will the child away from the other parent. It's not the will that will decide where the child goes but the court. What she wants for the child is just a wish since you can not will a child away as if they were property. So go get shared custody, visitation rights etc. If she dies and you have custody you can take the child to your home country if you wish.


Do you have to pay child support in NY if you sign away parental rights?

Yes as it is a separate issue see links below


Can you sign over parental rights to a grand parent?

The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.

Related questions

If the mother and father are married can the mother take parental rights away from the father?

No. That can only be done by a court order.


Does a child have a right to live with mother after parental rights have been taken away?

No. Not until the child is 18.


Can A father who signs over his parental rights get visitation?

No. You would be signing away your rights to visitation. A parent generally signs away their rights in preparation for a legal adoption.


Can a husband legally sign over his parental rights to his mom to give her a better chance to get sole custody from your dtr?

No. If the court allows him to give them up, which they would not in this case, the mother is the only one with parental rights. Parental rights is not something you can give away or pass around to different people. As long as the mother is fit there is no way a grandparent would get custody.


Do you have to sign your rights away?

No, it is your choice whether to sign your parental rights away unless they are taken away by a judge.


Can you sign your rights away and not have to pay child support?

Yes, but the mother/father has to agree. 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.


North Carolina parent signing parental rights away?

Can you terminate parental rights if the absent parent is paying suport


Do you still get visitation after you sign away your parental rights?

No. All your parental rights would be terminated including the right to visitations.


Can a father give up rights to his children?

how do i give up rights to my children in the state of texas. I do love them, but their mother is not so good to me or them


What happens if the state takes back custody of a child and puts the child in foster care because the mother has no parental rights but pays child support?

Parents usually have to pay for their child even if it is the state that has custody. The child is taken away and parental rights terminated in order to protect the child. If you want your parental rights back and custody you will have to turn to the court.


What do you do if parental rights taken away unfairly?

Consult a lawyer (attorney).


In Florida what are the steps for signing your parental rights away?

see link