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“Child Custody” is now termed as “Parental Rights and Responsibilities” because of the wording of the laws being altered. Fundamentally, it is the relationship of a child with the parent after a divorce. One would need to take up all the responsibilities, duties, rights and authority a parent might have. Certain provisions of parental rights become confusing at times. Below are a few questions regarding parental rights that have been answered: Q. If one has parental rights on a teenager who is causing trouble and he/she is unable to take care of the teenager anymore; can they give up the rights in the state of Michigan?
Parents may not be able to give up their parental rights, if another relative or a person is not willing to adopt the child. Parents are required as per law to take care of the child until the child reaches the age of majority. One may be accused of child abandonment if they try to give up parental rights. In the state of Michigan, a minor can file for emancipation once he/she reaches the age of 16 and is able to financially support themselves. This can be filed only by the child and not by the parent. The States generally do not wish to get legally involved in assisting parents with troubled teens. Q. In the state of Iowa, is it possible for a parent to surrender parental rights?
A parent who is intending to surrender the parental rights can do so in the state of Iowa by filing a petition in court. However, the laws may vary from one state to the other. One should know the options available as personal circumstances may also have legal implications. Q. In the state of Nebraska, what procedures should one follow to have the parental rights cancelled?
A petition needs to be filed in the court of a state in which the child is residing and a concrete reason needs to be provided based on which the cancellation of parental rights is sought. Below are a few circumstances based on which a cancellation of parental rights can be sought in Nebraska: • Immediately before the filing of the petition; the parents must have deserted the child for 6 months or more.
• If parental care or protection is neglected or has not been provided over a period of time and the parent intentionally did not provide the child with subsistence, education, or other care necessary for his/her health.
• If serious injury has been caused to the child by the parent (unless accidentally) A summons needs to be sent to the other parent on filing a petition in court. If the other parent does not respond to the summons (generally one is provided 3 weeks); parental rights may be cancelled by default. Once the summons is sent, one may be required to schedule a court hearing so that the basis on which the petition has been filed can be proved. Q. To avoid child support obligations, is it possible for a parent to relinquish the parental rights?
One cannot give up the child support obligation by giving up parental rights. However, one may give up parental rights if:
• The mother has remarried
• Petition for stepparent adoption has been filed by the step father The process of adoption should have begun before the court gives its consent for cancellation of parental rights. Until the consent from the court is received, the father would be required to pay child support and the parental rights would not be terminated. Q. In the state of Alabama, would grandparents continue to have visitation rights if one was to cancel their parental rights?
Grandparents can file for visitation as per the Alabama statutes, Section 30-3-4.1.under 30-3-4.1(a)(2). The court may determine a visitation schedule if it is in the best interest of the child. One may speak to a family lawyer to understand the laws pertaining to termination of parental rights or determining who has parental rights, as this can be confusing at times.
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