How to give up custody of your children?

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How to give up custody of your children?

Asked on May 17, 2011 under Family Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to give up custody, you can go to court and re-work any custody agreement in place.  If this is not your situation and what you want to do is give up your parental rights voluntarily, then you need to obatain a “relinquishment”. 

A parent who decides to voluntarily terminate parental rights needs to file a petition in circuit court. In situations in which an unmarried mother or father is a minor, it is necessary that the minor’s parent or some other adult join in the petition. To avoid any potential for conflict of interest and to assure that parents are fully aware of and informed of the purpose/consequence of the termination proceeding, the parent shall be required to appear before the circuit court for the hearing. When only one parent has consented to a voluntary termination of parental rights, consideration shall be given to other persons having rights to the child.

If the Family Services Worker assigned to the case finds that termination of parental rights is in the best interest of the child, assistance may be given in the preparation of the petition upon approval by the Family Services Office Supervisor. The Office of the Counsel may assist in drafting and filing a voluntary termination of parental rights action.


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