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View Full Version : Terminate my rights voluntarily?


ry2288tab
Jan 27, 2008, 06:09 PM
I need legal advice on how to voluntarily terminate my parental rights as a father. How do I go about it? What are the Good Causes? Is it possibly if there is no adoption in process?

ScottGem
Jan 27, 2008, 06:26 PM
If you read some of the many other threads here about this issue, you would have had your answer. Relinquishing parental rights is taken very seriously by the courts. It is unlikely to be granted unless there is someone waiting to adopt or if the parent represents a danger to the child. Even in the unlikely case its is granted, it still would not relieve you of your responsibility to pay child support.

Fr_Chuck
Jan 27, 2008, 07:45 PM
First why, if you don't want to use your rights, then just do go, don't call don't have anything to do with the child. That is easy enough, no reason to spend 1000's in court to give something up you are not forced to use.

Of course I would assume you want to stop child support, sorry giving up your rights ( expect for adoption) does not stop the child support, just takes away the rights, not the obligations.

GV70
Jan 28, 2008, 05:08 AM
Voluntary Termination of Parental Rights
Parental rights may be terminated voluntarily with the written consent of a parent who for good cause desires termination. Even if both parents are in agreement that parental rights should be terminated, the Court must address whether the termination is occurring for good cause. "Good cause" is not defined in the statute.
In the case entitled In re Welfare of All, 304 Minn. 254, 230 N.W.2d 574 (1975), the Minnesota Supreme Court examined the purpose and intent of the statute to determine when good cause could be found. The purpose of the statute is:

First, to enable the judicial system to legally remove a child from a destructive or unhealthy home environment without the consent of the natural parents, and,
Second, to facilitate adoption procedures by providing a means by which existing parental rights may be voluntarily terminated.
In light of these purposes, the Minnesota Courts of Appeals have consistently ruled that a voluntary termination of parental rights for reasons other than to facilitate adoption works a substantial detrimental effect on a child, who will be forced to look solely to his custodial parent to meet all of his needs. See Matter of Welfare of J.D.N. 504 N.W.2d 54, 58 (Minn.App.1993).

The effect is that District Court Judges are extremely reluctant to terminate parent's rights voluntarily and certainly not where the termination is not agreed upon by the custodial parent. It is also clear under Minnesota law that a non-custodial parent cannot claim that the termination of parental rights is being requested in order to remove the child from a destructive or unhealthy home environment, since the petitioning party is not custodial parent. The likelihood of obtaining an order terminating parental rights is also reduced if the custodial parent is provided public assistance through the county. Obviously, the county does not want to financially support children when a parent who has that obligation is available. Even a non-custodial parent's lack of contact with a child and belief that the parent could not care for a child financially may insufficient to provide "good cause" for a voluntary termination of parental rights.

GV70
Jan 28, 2008, 07:15 AM
Yes,Scot... It is same in all states-for example IN RE: JAMES G. AND EMMETT M. L. III
-SUPREME COURT OF APPEALS OF WEST VIRGINIA
Child Abuse and Neglect Proceedings Rule 35 (2000). While the statute and the Rules demonstrate a strong concern that any so-called voluntary termination of parental rights truly be a voluntary decision, i.e. made with an understanding of the consequences and free of duress, they do not authorize the Department, by withholding its agreement, to preclude a circuit court from accepting a parent's truly voluntary agreement to the termination of his or her parental rights.