How to Relinquish Custody of a Child

How to Relinquish Custody of a Child

Biological parents have particular legal rights concerning their children. Parents have rights to make vital decisions when it comes to their children’s healthcare, schooling, faith, visitation and custody, or property inheritance. Nevertheless, in many cases, a parent might want to relinquish these rights, consequently ending their parental relationship with their child legally.

Voluntarily Terminating Parental Rights

If a parent chooses to terminate their parental rights, that parent is willingly ending the parent-child relationship. While terminating their parental rights, that parent surrenders their ability in making decisions for their child, like schooling and healthcare choices.

Additionally, that parent can’t speak to or see their child until the child becomes eight teen years old. The child is also unable to inherit any property from that parent pursuant to state’s estate planning statutes, otherwise that parent clearly states for such inheritance in a will.

It’s most typical that parents willingly terminate their rights as parents in circumstances of adoption. While giving up an infant or child for adoption, the child’s real parents are required to end their parental rights, whereupon the adopted parents are going to get.

Every state has different laws concerning the parental rights termination. To comprehend your local laws, get a hold of your family law court in your county to figure out what forms are required to be submitted and what requirements need to be fulfilled for terminating your rights. And since you shouldn’t lightly take your possible termination of rights, you should also get a hold of a knowledgeable family law attorney that can assist you concerning your case.

Contemplations to Make When Faced with a Difficult Choice

The termination of your parental rights is a life-changing decision. You’ll need to give a lot of thought to this decision prior to progressing by means of the local court.

A family court judge is going to take these issues seriously. Courts are going to guarantee that the parent making the petition fully understands the effect of their decision. Furthermore, the court guarantees that the parent making the request isn’t attempting to avoid specific obligations, like making child support payments.

When your child is over 12 years of age, the court might request your child about their desires. Every state has different guidelines about when a court could consider a child’s wishes. Lastly, the court is going to consider the child’s best interests, including the child’s consistency.

When Foster Care is Used

When the parental rights termination leaves the child with no parents legally, then the child will be entering the state’s foster care program. In a lot of situations, prior to the state being able place a child in the foster care program, the state is required to file a request using the Adoption and Safe Families Act. This act requires permanence planning for children put in foster care, including family re-unification. Additionally, this act stresses the safety of each child in the foster care program.

In specific circumstances, the state is not required to have to file a request using the act. For instance, a state is able put a child immediately into foster care if the parent(s) deserted the child as a baby, a parent slain one of the other children, or the parent carried out a felony resulting in significant bodily harm to the child and/or one of the other child in the family.

A lot of states don’t enable parents to reestablish their parental rights following them terminating the rights. To comprehend what happens when parents voluntarily terminate their parental rights, they should think about getting a hold of a knowledgeable family law attorney to go over their options with them. This is a life-changing decision. They need to arm themselves with the information they need to guarantee it’s the right one.


  1. Kiesewetter, J. (2019, May 2). Voluntary relinquishment of rights by the parent. LegalZoom.

Speak With Our Child Custody Attorney In Scottsdale

Our child custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.

An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.


Jennifer Moshier Collaborative Divorce Lawyer Scottsdale Arizona
Jennifer Moshier, Scottsdale Divorce Lawyer

Recent Posts



Finding the right mediator can be difficult.


Divorce and Family Law

When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, we can meaningfully describe why collaborative law or mediation may or may not be your best option.

Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.

Jennifer Moshier, Scottsdale Divorce Lawyer

Trail Potter  –  Divorce  Lawyer

You are now leaving

You will be redirected to

Click the link above to continue or CANCEL