How to Voluntarily Relinquish Parental Rights in Maryland

By Brenna Davis

The relinquishment of parental rights is the giving up of parental rights to one's child or children. Relinquishing your parental rights eliminates all rights and duties you have for your child. This process cannot be reversed. Parents often give up their rights as part of an adoption proceeding. In other cases, parents may voluntarily decide to relinquish their rights when they cannot properly care for their children. All child custody decisions, including the relinquishing of rights, are made in the best interests of the child. If you wish to voluntarily give up your rights to your child or children, there are certain steps you must take to make that effective. However, If the court feels that giving up your rights voluntarily is not in your child's best interests, then the court will not allow the relinquishment.

The relinquishment of parental rights is the giving up of parental rights to one's child or children. Relinquishing your parental rights eliminates all rights and duties you have for your child. This process cannot be reversed. Parents often give up their rights as part of an adoption proceeding. In other cases, parents may voluntarily decide to relinquish their rights when they cannot properly care for their children. All child custody decisions, including the relinquishing of rights, are made in the best interests of the child. If you wish to voluntarily give up your rights to your child or children, there are certain steps you must take to make that effective. However, If the court feels that giving up your rights voluntarily is not in your child's best interests, then the court will not allow the relinquishment.

Step 1

Go to the juvenile division of the circuit court in the county in which the child resides. Juvenile court has jurisdiction over all parental rights relinquishment proceedings. Ask the clerk for a petition for relinquishment of parental rights. You may also draft your own petition, using an online legal document provider.

Protect your loved ones by a legally binding will. Make a Will Online Now

Step 2

Note in the petition if there is a person -- such as the child's other parent, a guardian, a foster parent or an adoptive parent -- to whom you would like to relinquish rights. Also note in the petition if there is a specific reason why you are relinquishing parental rights. Complete the petition and return it to the clerk, along with a filing fee. The clerk will schedule a hearing on the matter.

Step 3

Attend the hearing. The judge may ask questions about why you wish to terminate rights. Judges are more likely to grant a relinquishment if a child is in foster care, if there is a prospective adoptive parent or if the child does not live with the parent. After hearing your perspective, the judge may interview other people close to the child such as the other parent, foster parents or court-appointed special advocates who represent the children's best interests in these proceedings. If the judge agrees that a relinquishment is in the child's best interests, he will issue an order to terminate your parental rights.

Protect your loved ones by a legally binding will. Make a Will Online Now
Voluntary Relinquishment of Rights by the Parent

References

Related articles

Parental Rights Terminated Due to Child Abandonment

Child abandonment can result in serious legal consequences. For some parents, child abandonment may lead to the permanent loss of parental rights through an involuntary termination by the state. If a state agency has taken a child into the child welfare system or placed a child in foster care, the child's parents may need legal help to prevent the termination of their rights.

How to Get Child Custody Rights Revoked in Arkansas

Revoking custody rights -- often a part of terminating parental rights altogether -- is a serious legal move that should be reserved for extreme cases of child abuse or neglect. Arkansas law prioritizes the best interests of the child above all other considerations and courts will only revoke custody rights if the judge feels it is in the child's best interest to do so. Custody rights may be revoked temporarily while a parent gets treatment or, in cases of chronic abuse, a parent's rights to her child may be terminated if she shows no hope of improvement.

Child Custody & Loss of Parental Rights From Drug Abuse

When a parent struggles with drug addiction, his parental rights may be affected. In some cases, child protection agencies may remove a child from a parent’s care if that parent abuses drugs. Likewise, during a divorce, a court may deny a parent custody if he has untreated drug abuse or addiction issues or terminate his parental rights entirely if he does not address his drug abuse problems. Therefore, treating the underlying illness is often key to protecting custody and parental rights.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Terminating Father's Rights in Michigan

The termination of a father's rights is a legal process that severs all ties the father has to the child. The father ...

Regaining Parental Rights in a Family Court in California

Your odds of regaining terminated parental rights in California depend a great deal on why you lost them. California ...

How to Establish a Guardian for the Children When Both Biological Parents Are Divorced

Parents have a constitutional right to the "care, custody and control" of their children as stated by the ...

How to Relinquish Custodial Rights in Tennessee

The decision to relinquish custodial rights is one that can dramatically affect the life of your child. If you are ...

Browse by category