Parental Rights Related Questions

What are parental rights? The relationship between children and their parents in a divorce, once called “child custody”, is now called Parental Rights and Responsibilities due to a change in the wording of the laws to further protect the children. Having parental rights and responsibilities means assuming all the rights, duties, powers, responsibilities and authority that a parent of a child has, by law. Individual circumstances can make the provisions of parental rights laws appear grey at times and this can leave parents with many questions. Below are five of the top parental rights questions that have been answered by the Lawyers on JustAnswer.

In Michigan Can a parent relinquish parental rights to the state if they have a troubled teen that they can no longer handle?

Unless there is a relative or another person who is willing to adopt your child, a parent usually cannot terminate their parental rights. Parents are legally responsible for their children until the child reaches the age of majority. If you attempt to relinquish parental rights, you can be charged with child abandonment. In Michigan it is possible for a minor at age 16 to file for emancipation. However, before this can be accomplished the minor needs to be able to financially support themselves. However, this is an option available to the child and not to the parents and only the child can apply for emancipation after reaching the age of 16 and becoming financially independent. When it comes to helping parents with troubled teens, in most cases the state does not get legally involved.

Can a parent sign off parental rights in Iowa

In Iowa, a parent can usually surrender their parental rights voluntarily by filing a petition with the court. The provision of the law on relinquishing parental rights varies from state to state. Even your personal circumstances can have a legal bearing on the best course of action available to you. The first step is to be aware of the options available to you. You can ask family lawyers on JustAnswer and get their Expert opinions quickly and affordably.

How can someone have a parents rights terminated in Nebraska

To terminate a parent's rights, you must file a petition in the court where the child resides alleging specific grounds for the termination. These are the specific grounds for termination in Nebraska:

• The parents have abandoned the juvenile for 6 months or more immediately prior to the filing of the petition.
• The parents have substantially and continuously or repeatedly neglected and refused to give the juvenile or a sibling of the juvenile necessary parental care and protection; have willfully neglected to provide the juvenile with the necessary subsistence, education, or other care necessary for his or her health.
• The parent has inflicted upon the juvenile, by other than accidental means, serious bodily injury.

After you file the petition you must serve the other parent with a citation. The other parent will then have a certain period of time, usually about 3 weeks, to respond to your petition. Once you have filed the Petition and served the other parent with a citation, you will need to schedule a court hearing and prove the grounds that you are basing your petition for termination on. If the other parent does not respond, you may be able to terminate the other parent’s parental rights by default.

Can a parent give up their parental rights to avoid child support obligations?

In general a parent cannot be excused from paying child support by attempting to relinquish parental rights. If the wife is remarrying and the step-father intends to adopt the child, the biological father may be able to give up parental rights. However, in most cases, before this can be done:

• The mother should have remarried
• The step father should have proceeded with the petition for stepparent adoption

Before the judge approves a request for relinquishing parental rights, the child must already be in the process of adoption. Until such time, the father will usually not be able to relinquish his parental rights and will be obligated to continue paying child support.

If someone terminates their parental rights, do grandparents still have visitation rights in the state of Alabama?

According to the Alabama statutes, Section 30-3-4.1.under 30-3-4.1(a)(2), grandparents usually have standing to file for visitation under these circumstances. The Court will determine the visitation schedule, if it deems this to be in the best interest of the child.

Terminating parental rights, determining who has parental rights as well as understanding parental rights laws can be quite frustrating at times. Family Lawyers on JustAnswer can help you answer your questions and even recommend retaining legal counsel if that's the best course of action in your situation. When you ask a family lawyer on JustAnswer, you get their Expert opinion and legal insights quickly, saving you time and money.