Signing Over Parental Rights Forms

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Signing Over Parental Rights - Sign Over Parental Rights Forms - Giving Up Parental Rights - Signing Parental Rights Away

Signing over parental rights requires you to meet certain criteria

In this article, you’ll learn about:

  • how to sign over parental rights
  • how to give up parental rights and not pay child support
  • restrictions for giving up parental rights
  • what forms do you need to sign over parental rights

Let’s dig in.

Signing over parental rights can be tricky. You need to make sure that the parent-child relationship is severed properly. Otherwise, the parenting giving up parental rights still has a legal responsibility to the child. This includes paying child support and having legal custody of the child.

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Signing Over Parental Rights - Signing Parental Rights Away - How To Sign Over Parental Rights - Giving Up Parental Rights

Signing Over Parental Rights

A parent can sign over their parental rights to a child.

Signing over parental rights severs the relationship between the child and the parent. 

Relinquishment of parental rights is permanent

You cannot reobtain parental rights after giving up parental rights. 

Let’s look at some reasons a parent would sign over parental rights. 

And reasons why the judge would terminate the parental rights of a child. 

Related: Grounds for Full Custody of Child

Reasons For Signing Over Parental Rights

What are the reasons for signing over parental rights? 

Some common reasons parents may want to sign over parental rights are:

  • the parent cannot provide for the child
  • both parents have been incarcerated
  • presumed fathers may discover they aren’t the biological father
  • the conception of the child was related to a sexual crime
  • a mother may not want to abort the child, but doesn’t want to be a parent

Related: How a Mother Can Lose a Custody Battle

What Does Giving Up Parental Rights Entail

You’re considering giving up your parental rights to your child. 

But what does giving up parental rights entail?

Signing over parental rights means that:

  • the parent-child relationship no longer exists
  • the parent no longer is able to raise the child
  • the parent has no visitation or communication rights
  • the parent no longer has to pay child support
  • the parent gets removed from the child’s birth certificate
  • the child can get adopted without the parent’s permission

A judge will not terminate a parent’s rights unless there is a very good reason. 

Let’s talk about the reasons the courts will allow you to sign your parental rights away. 

Related: If There Is No Custody Order In Place Can I Take My Child

Reasons The Courts Allow Signing Parental Rights Away

We listed reasons you may want to sign away parental rights above. 

But let’s look at some more reasons judges allow parents to relinquish parental rights.

Some reasons a judge will change custody are if:

  • Parental Abandonment. The parent intended to give up all parental rights. They have had zero physical or financial involvement for 6+ months
  • Child Neglect. The parent is not able to provide proper care for the child. This includes providing food, shelter, medical care, or education.
  • Unfit Parent. An unfit parent is one who doesn’t provide the child with proper care, guidance, and support. 
  • Danger To The Child. The parent may cause physical, emotional, or mental injury to the child
  • Token Efforts. The parent does not make efforts to support, communicate, or otherwise care for the child.
  • Lack Of Parental Adjustment. If CPS takes the child away, the parent has limited time to correct the misbehavior. If they do not, the judge can terminate their rights.
  • Sexual Assault. If the child was conceived due to sexual crimes, the judge will terminate parental rights.  

Even if these scenarios take place, signing away parental rights is hard. 

A judge wants there to be two parents. 

Whether that’s a biological parent or an adopted parent. 

For this reason, signing over parental rights is hard to do. 

Judges will usually only let you give up parental rights if someone is adopting your child.

Related: Keeping A Child Away From The Other Parent Can Backfire

Signing Parental Rights Away

A parent who is trying to sign their parental rights away needs to file a petition

This petition is called a Voluntary Relinquishment Of Parental Rights

Sign Over Parental Rights Forms

Let’s talk about the sign-over parental rights forms you’ll need. 

The form you need to sign over parental rights is the Voluntary Relinquishment Of Parental Rights Form. 

In this, the forms you need to sign over parental rights are:

  • a Waiver of Appearance
  • a Waiver of Notice
  • a list of property that belongs to the child
  • Acknowledgement Of Surrender Of Rights
  • Surrender Of Rights Final Release For Adoption
  • Adoptive Parent Affidavit
  • Notice To Revoke Surrender Of Rights

You can get your sign-over parental rights forms from a custody attorney

They will charge you to draft all of the parental rights forms. 

Or, you can buy fillable sign-over parental rights forms here. 

Related: Moving Out of State With Child No Custody Agreement

How To Sign Over Parental Rights

Figuring out how to sign over parental rights is difficult. 

The only way to sign over parental rights is when another person is adopting the child

There are two ways to approach how to sign over parental rights.

You can file a Voluntary Relinquishment Of Parental Rights when:

When an adoption agency is involved, both parents have to give up their parental rights

This is because the child is going to a new family. 

But with step-parent adoption, only one parent has to give up parental rights

But the parent giving up parental rights has to voluntarily give up their rights. 

Related: Non-Custodial Parent Moving Out Of State

How To Give Up Parental Rights And Not Pay Child Support - Can A Father Sign Over His Rights And Not Pay Child Support

How Signing Over Parental Rights Affects Child Support

Voluntary relinquishment of parental rights means you lose rights to your child

But you still have to pay child support if you sign your rights away. 

Child support is still owed until a final order of adoption gets entered

Does Signing Over Parental Rights Stop Child Support

Signing over parental rights does not stop child support obligations

Giving up your parental rights legally terminates the relationship

But you still are obligated to pay child support even if you give up your parental rights.

The only thing that stops child support is if another person adopts your child. 

For someone to adopt your child, you have to first sign over your parental rights. 

Then, the other person can adopt your child. 

The most common way to stop child support is step-parent adoption

But it can also be another family adopting your child. 

Related: What Happens If The Non-Custodial Parent Misses Visitation

How To Give Up Parental Rights And Not Pay Child Support

Let’s talk about how to give up parental rights and not pay child support. 

Giving up parental rights is not something judges are in favor of

Basically, judges only allow signing over parental rights if there is an adoption taking place

The only way to give up parental rights and not pay child support is when an adoption occurs. 

Yes, giving up your parental rights eliminates your relationship with the child. 

But it does not end your child support obligation to the child. 

If you sign your rights away, child support is still your responsibility

Someone adopting your child is the only way to stop paying child support

But judges usually won’t let you sign away parental rights without an adopting parent. 

So, giving up parental rights usually means you don’t have to pay child support. 

Related: What Not To Do During A Custody Battle

Can A Father Sign Over His Rights And Not Pay Child Support

A father can sign his rights away and not pay child support

But for the father to not pay child support, someone has to adopt the child. 

When a father is the only one signing his rights away, it’s usually to a stepparent. 

For a father to sign over his rights and not pay child support, two things need to happen. 

  1. he needs to terminate his parental rights to the child
  2. the step-parent (or another person) needs to adopt the child

A father can sign over his rights and not pay child support only when these two situations happen. 

Related: What Are The Chances Of A Father Getting Full Custody

Do You Have To Pay Child Support If You Sign Your Rights Away

Yes, you still have to pay child support if you sign your rights away. 

Signing your parental rights away terminates your relationship with the child. 

But it does not terminate your obligation to pay child support. 

Giving Up Parental Rights - Sign Over Parental Rights To A Family Member - Signing Over Custody To A Family Member

Giving Up Parental Rights

Giving up parental rights is usually not allowed by judges

A judge wants a child to have two parents to provide emotional and financial support. 

Giving up parental rights to avoid child support is not allowed

Giving up parental rights to avoid a child’s behavioral problems is not allowed

Giving up parental rights is only allowed if:

  • someone else is adopting your child
  • someone else filed a petition to terminate your parental rights

Sign Over Parental Rights To A Family Member

You can sign over parental rights to a family member. 

To do this, it will get treated as a normal adoption and not a step-parent adoption. 

With a normal adoption, the child goes into a new family setting. 

And both parents have to sign over parental rights

With a step-parent adoption, the child remains in the home of one parent. 

And only one parent has to sign over parental rights

When you sign over parental rights to a family member, both parents are giving up parental rights

Related: Temporary Guardianship Without Court

Signing Over Custody To A Family Member

Signing over custody to a family member is not the same as signing over parental rights. 

For example, let’s look at giving guardianship to the child’s grandparents. 

In this case, the grandparents have custody, but the parents still have parental rights

Guardianship vs custody can get confusing. 

Guardianship means that the courts appoint someone other than the biological parents to care for a child. 

Custody indicates a parent caring for their own child

When signing over custody to a family member, you will still have parental rights

Meaning that you still get to make major decisions in the child’s life. 

This is true even though a family member is raising and caring for your child.

Related: How To Get Full Custody Of A Child Without Going To Court

How To Sign Over Custody Of A Child To Grandparents

Let’s talk about how to sign over custody of a child to grandparents. 

To sign over custody of a child to grandparents, both parents need to agree on this

Most likely, you already have a child custody order. 

To sign over custody to a grandparent, you have to modify your child custody orders

But if you don’t have child custody orders, you’ll need to create a new child custody agreement

Once everyone is on board, you’ll fill out and file the child custody agreement or modification. 

File this at the local Superior Court in the county that the child lives in. 

Once you file the petition, you’ll need to serve all parties involved with the petition. 

This formally informs them that you have submitted a petition to sign over custody.

Then, the courts will schedule a hearing where the judge will listen to your case. 

After that, the judge will issue new child custody orders. 

And you will have signed over custody of your child to the grandparents.

Related: Guardianship vs Parental Rights  

Mother Signing Over Parental Rights - Giving Up Parental Rights - If You Sign Over Your Parental Rights Can You Get Them Back

Signing Over Parental Rights To The Other Parent

Signing over parental rights to the other parent can be achieved through adoption

The other parent’s spouse can adopt a child via step-parent adoption. 

Let’s talk about how to go about signing over parental rights to the other parent. 

Either parent needs to file a Petition to Terminate Parental Rights.  

Which court you need to file this petition depends on the situation. 

To terminate parental rights, file the petition in a juvenile court. 

To sign over parental rights for adoption, file the petition in the Superior Court. 

Either court that you file the petition in needs to get filed in the county the child lives in

A hearing will be scheduled within 90 days of filing the petition. 

Here, the judge will determine if singing over parental rights to the other parent is allowed. 

Related: How Can A Father Get Full Custody of His Child

Mother Signing Over Parental Rights

A mother signing over parental rights to a father is allowed. 

Some reasons that a mother signing over parental rights are to allow the:

  • other parent’s spouse to adopt the child
  • child to get placed for adoption through an adoption agency
  • child to be adopted by a relative
  • child to be adopted by a non-relative

A mother signing over parental rights loses the right to receive updates about the adoption of their child.

If You Sign Over Your Parental Rights Can You Get Them Back

If you sign over your parental rights, you cannot get them back

When you sign over your parental rights, you are terminating those rights permanently

There is no provision in family law for getting back parental rights after you sign them over. 

The only way that you can get parental rights back after signing them over is if they were given away:

  • due to fraud
  • under duress
  • by coercion

If you can prove these, then you can get your parental rights back. 

But, most of the time, you cannot get your parental rights back. 

Signing Over Parental Rights Of Unborn Child

You are able to sign over parental rights of an unborn child. 

If you are not married, you already do not have parental rights

When a child is born out of wedlock, the father has to establish paternity

After establishing paternity, then he can get parental rights

If the unmarried father has not gained parental rights, then he does not need to sign them over

If a father is married, then signing over parental rights of an unborn child is tougher. 

There will need to be another person to adopt the child

This is true even if you’re married, but the child is not yours. 

A child born to a married man, he is presumed to be the father. 

And he has the responsibility of caring for the child and paying child support

How To Sign Over Your Parental Rights

If you want the best custody attorneys to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

Make sure that your legal responsibilities are severed. 

Or that your ex properly gives up all parental rights. 

We also make sure that your custody judgment is equitable and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

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