Attorney for Voluntary Relinquishment of Parental Rights in the State of Utah
HOYER LAW FIRM
1250 E 200 S STE 2G
Lehi, UT 84043
(801) 901-0797
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A parent’s love and affection can have a significant impact on a child’s well being, which is why it’s important for parents to be the primary caregivers of the children, especially during their formative years.
But the reality is that not all parents are fit and capable of taking care of their children. When these instances arise, parents have the option for voluntary relinquishment of parental rights.
Let’s dig deeper into voluntary relinquishment of parental rights.
The most apparent instance of voluntary relinquishment of parental rights occurs in adoption cases. A classic example is when a couple divorces or separates, and one parent gains custody of their child. That parent then finds love, marries another person, and wants to build a family with that person.
The usual scenario would be for the newly married person to adopt the divorcee’s child. One of the easiest ways to adopt a child is to ask for the other parent’s consent to voluntarily relinquish their parental rights so the new parent can have full rights and custody.
This is by no means the most straightforward way to adopt a child as parents can be protective of their parental rights. The best way to think of this process is by looking at instances where involuntary relinquishment of parental rights come into play.
Problems can arise if the biological parent does not agree to the voluntary relinquishment of parental rights. In this case, the other parent can appeal to the courts and terminate their former partner’s rights provided that the previous partner fits one of the following categories:
When parents fit into any of the above categories, it can lead to termination of their rights and custody of the child. It is also critical to note that once the voluntary relinquishment of parental rights has been enacted, it cannot be undone, and this will have a lasting effect on both the parents and the child.
One of the ways, as mentioned above, to enact the involuntary relinquishment of parental rights is when there is a known abuse or neglect of the child. A third party, usually the Division of Child and Family Services (DCFS), would step in and remove the child from the abusive environment and take the child into custody.
Note that the DCFS’s attempt to remove the child from the abusive environment does not terminate the parent’s rights over their child. If the investigation proves that the parent is unfit to provide the needed care and support for the child, the DCFS can file a petition to terminate the parent’s rights.
Parents in jail can have their parental rights terminated due to abandonment, primarily if the parent cannot provide for the child's needs and has made no contact with the child during his or her stay in jail.
Parents in Utah who need guidance with the voluntary relinquishment of parental rights can benefit from consulting with experienced family law attorneys who practice in the jurisdiction. The Hoyer Law Group has confidence their legal advice can help their clients reach the most optimal results.
