Modern Family logo

Book a Consultation Today!

Contact Us Header


Signing Over Parental Rights of Children

The decision of a parent to permanently relinquish their parental rights to another person is never easily made. But for some individuals, they are confronted with making this difficult choice.

Consequences of Signing Over Rights

It would be an understatement to say that it’s extremely important to give serious consideration to the relinquishment of parental rights. Once completed, a judge’s ruling is permanent..for the most part. With the rare exception of acts of fraud or duress, the court’s ruling will be final.

Before a parent can relinquish their rights, they must first meet with a representative from either child welfare services or a licensed child placement agency to get counseling. These representatives will be able to discuss the outcome of your decision and answer any questions about the welfare of your child.

Voluntary & Involuntary Relinquishment

A parent may voluntarily assign their parental rights to someone. Typical examples include when a stepparent wants to adopt a child from their spouse’s ex, or when a young person feels that they aren’t responsible enough to raise their child.

An involuntary relinquishment can occur when one parent doesn’t fulfill their responsibilities. If a spouse abandons their child or doesn’t participate in a parental role, the other parent may seek to have the non-participating parent’s custody rights removed. Although involuntary relinquishments may seem appropriate Courts are often hesitant to eliminate one parent’s rights, so this type of judgment may not be a viable option.

Modern Family Law Compassionate Innovative Respected

Our Attorneys Are Ready To Listen

Our experienced family law attorneys have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

Evading Child Support

Occasionally, some parents will consider transferring parental rights to evade paying child support. It’s understandable that child support payments can create a financial strain, but trying to relinquish child support payments this way isn’t an acceptable option.

If you’ve recently experienced a loss of employment or reduction of hours, the family courts are willing to modify your payments. If on the other hand, your obligations stem from acquiring new debts, the court system will likely not be receptive to your situation.

In this case, you may benefit by filing for bankruptcy: either a chapter 7 or a chapter 13 bankruptcy. This still won’t eliminate your child support debt, but the bankruptcy may free up other debts to make child support payments less burdensome.

Our Calculators

We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.

Acceptable Reasons to Surrender Rights

There is no one good reason to surrender rights as a parent. It’s a personal choice, and one with permanent consequences. It can’t be stressed enough to get insight from a social services organization and consult with an attorney, before pursuing any course of action that may permanently impact the future of both you and your child.

If you’re facing the tough decision of signing over your parental rights to a child, the family law attorneys at Modern Family Law can help you navigate this complicated process.

Modern Family Law

Modern Family Law’s team of experienced family law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Our attorneys currently practice in Colorado, California, and Texas. Click the following link to view all of our family law locations. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

Posted November 10, 2016
by: MFL Team

Related Resources


The Consequences Of Not Following Custody Orders

Understanding the legal and emotional consequences of not adhering to custody orders is crucial for parents navigating post-divorce or separation child-rearing arrangements. Custody orders,…


How To Enforce A Child Custody Order…

Child custody orders are court-ordered documents that may be enforced by a judge. If the other parent is refusing to follow the court order,…


Who Claims A Child On Taxes When…

When parents separate or divorce, one of the most contentious issues is often the custody of their children. Apart from determining which parent will…


Free Consultation