The chances of your getting custody will be greatly reduced or eliminated. When a mother relinquishes custody, she does not have any say in the decisions made for her child. Is in the best interest of your child? Attorneys with you, every step of the way. Typically, the loss of parental rights is often caused by a court’s determination that there has been some type of abandonment, neglect, or abuse of the child. a reasonable factual basis exists to believe that there are no other reasonable means to protect the child. The Nonsecure Custody Order One of the main questions I get asked by my clients in Child Custody matters is what is the law concerning children and separation. When a mother gives up custody of her child, she loses important tax benefits. It’s hard enough to give up your child, much less to a person who you may still be at odds with. Child abduction is a common reason that a mother loses custody. Not every parent is capable of managing kids full time. Another example would be when a parent with custody remarries and the new stepparent wants to legally adopt the child. Privacy Policy. When you relinquish your parental rights, you are giving up the right to direct the child's upbringing, including any decisions related to medical care, education, and religious upbringing. Courts generally prefer to keep both parents as a part of their child's life as long as they don't pose a risk to the child's safety. The law for their state says how custody must be handled. Advice on what you need to know! A time-sharing schedule can ensure that the mother maintains a close bond and relationship with her child, even though she may not have any legal right to make decisions for her child. The mother cannot claim the child as a dependent on her tax return. This is a very serious decision that will affect you the rest of your life. You … Giving up basic custody and parental rights of your child can be a painful and heartbreaking experience. Can You Avoid Child Support By Giving Up Custody? If the Judge gives joint physical custody, the child lives with each parent for an equal amount of time. Child custody cases are especially important if they involve a situation where the other parent is in jail or prison. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. Furthermore, you may lose the ability to make decisions as to your child’s daily care. If you’re going through a divorce with children, you may have a lot of questions about custody. A … Giving up basic custody and parental rights of your child can be a painful and heartbreaking experience. If you give up your joint legal custody rights, you will lose the ability to participate in major decisions in your son's life. A parent looking to win full custody should be prepared to state clear reasons why joint custody would not serve the child's best interests, such as if your ex has issues with substance abuse or a history of leaving the child home alone. When a marriage breaks down, child custody is a topic of great concern—especially for people struggling with mental illness. What Happens When a Mom Gives Up Custody? Use of our products and services are governed by our The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. In these cases, the desires of the parents and their reasoning behind those desires must be taken into consideration to determine what is in the best interest of the child. Thank you for subscribing to our newsletter! The best thing for you to do when making this decision is determine why you wish to give up custody. Regardless, if a mother gives up full custody of her children, she loses her right to make decisions regarding her child. Physical custody relates to where the child lives and who has primary care of the child. Child custody can be a tough arrangement. If you take the child without the permission of the other parent, the judge will not look kindly on this – it will be considered child abduction. However, you still have the right to ask for visitation. In cases in which the mother may not be able to care for the child, the court may order supervised visitation so that the child and mother may see each other, but someone is present to ensure the safety and well-being of the child. Under Arizona’s laws, parents typically cannot avoid their obligation to support their children, even if they give up custody of the kids. In the absence of physical and sexual assault committed against the child or children, no one cares how evil you believe your ex to be. You cannot just “give” your child up to the state; it must first be ruled that this choice is in the best interest of everyone involved. Before you give up custody of yo… However, the mother may retain visitation rights with her child. We are not a law firm, or a substitute for an attorney or law firm. Giving up custody means that you will most likely not gain custody back unless something horrible happens. Our network attorneys have an average customer rating of 4.8 out of 5 stars. Terms of Use and The mother cannot claim the child as a dependent on her tax return. An unwed father often cannot win custody over a mother who is a good parent, but he can take steps to secure some form of custody and visitation rights. That is to say, whether the child is yours or not you owe that child a duty to be protected. If the court denies the request, DSS must return the child to the parent or guardian. Read up on your state’s child custody laws. 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