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Can a parent give up their parental rights if the children do not consent?
Let's say a parent has enough money to provide for their children, but for some reason they do not feel like caring for them anymore, like it's emotionally draining or the child has drug issues or the parent and child always argue or something, can they legally give up their children?
If the parents are divorced, and the custodial parent wants to switch over custody but the child does not want to live with their parent for whatever reason (school, parent has insufficient income, ect), does the child HAVE TO be removed from the home?
Do they have no legal rights when it comes to a decision such as this?
also i am not a parent wanting to do this i am just a kid and my mom threatened me by saying she would "give me up" because we ALWAYS get an arguments and i thought that didnt sound possible...but i was curious.
2 Answers
- SamLv 58 years agoFavorite Answer
I'm a foster parent...Yes they can just sign over their rights at any point to the state. Worst case scenario they pay the state child support. I have had 4 different kids that were just dumped at the juvenile office. 3 of those parents worked at getting the kid help & back home, the 4th terminated their parental rights & left the child in states custody.
And yes they can do this with NO notice & literally just taking then to the correct office.
As far as which parent....Sorry if one parent doesn't want you there then you live at the others house. you have only a say if both parents WANT you & are fighting for custody.
- AmberPLv 78 years ago
It depends on what state you live in, I know for a fact that in the state of Pennsylvania, a parent can not just sign over parental rights unless there is another person there to pick them up.
They CAN, however, be forced to give up their parental rights if they are abusive to the child.
Yes, children do have a say in who they want to live with and why, but courts will look at the maturity of the child asking to not live with a mother or father. A parent CAN essentially give up custody to another parent though, or a facility, they just aren't giving up their parental rights all together.
If you are addicted to drugs, for instance, your mother can go through the courts to have you placed in a facility for teens who are addicted to drugs or for teens who are in trouble. This is usually a group home, she doesn't "give up" her rights, but she does give up "some" rights in certain circumstances (most of the time if you are in trouble with the law this happens).
