Signing Over Parental Legal rights

 

Case Example – Terminating Parental Rights

Video taken from the channel: Center for Advanced Studies in Child Welfare


 

Judge refuses to terminate parental rights of Josh Burns

Video taken from the channel: WXYZ-TV Detroit | Channel 7


 

Should I Give Up My Parental Rights?

Video taken from the channel: TRE TALK


 

Signing over my rights!

Video taken from the channel: Khalif King nobody’s that dumb!


 

Legal Expert Offers Advice For Father Who Says He Wants To Terminate His Parental Rights

Video taken from the channel: Dr. Phil


 

How To Terminate Parental Rights

Video taken from the channel: LJ Law


 

What is Involved in Signing over Parental Rights?

Video taken from the channel: Attorney Thoughts


Signing over, or terminating, parental rights should never be taken lightly. A custodial parent may seek termination of parental rights in situations where their child no longer has a relationship with the non-custodial parent, or when the child is believed to be in imminent danger. In such cases, the court will typically order a hearing.

Signing over your rights as a father also means you will lose any custody or visitation rights you have over the child, as well as the right to provide any input regarding the child’s religion, education, or medical care. Once your parental rights are terminated, you also have no say over who adopts the child in the future. The first step to signing over parental rights is typically to fill out a petition for termination of parental rights.

This requires the parent to fill out the name, age, and address of the child, as well as the same information for the parents or legal guardian of the child. If this information is unknown, the parent must explain why that is. Termination of parental rights may be voluntary or involuntary.

Voluntary termination of parental rights is difficult except under certain circumstances.This is because children are generally seen to have a right to a parental relationship and, particularly, a right to receive financial support and care from both parents. Relinquishment of parental rights typically refers to voluntarily giving up parental rights. The voluntary relinquishment must be approved by both parents and involves the signing over of parental rights so the child may be placed for adoption. If the termination of parental rights leaves a child with no legally responsible parents or guardians, the court will typically place the child in foster care.

Before a state can take such a drastic action and place a child in foster care, it must file a petition under the federal Adoption and Safe Families Act (ASFA). A surrender of parental rights is when a child’s biological parents agrees to give up their parental rights voluntarily. The surrendering of parental rights is irrevocable. This means that it’s a permanent decision and can’t be canceled or changed. The surrender can be conditional or unconditional.

“Termination of parental rights should not be a rare occurrence in juvenile or family court even though it is rare in the population as a whole.” From. Resource Guidelines: Improving Court Practice in Child Abuse and Neglect Cases, National Council of Juvenile and Family Court Judges, 1995. There are some financial risks worth considering before deciding to attempt to terminate parental rights. Terminating parental rights in Texas requires filing a lawsuit for that purpose and proving the requirements set out in the Texas Family Code Chapter 161. The courts do not publish forms or instructions to start a court action to terminate parental rights.

You may find information through The Legal Fact Sheet on Termination of Parental Rights published by Mid-Minnesota Legal Aid, which explains the basics on these kinds of cases. To get legal advice on your situation, you should talk with a lawyer.

List of related literature:

Once it is signed, however, normally the birth parents cannot take back their relinquishment of parental rights unless they can show their consent was obtained by fraud.

“Introduction to Law for Paralegals: A Critical Thinking Approach” by Katherine A. Currier, Thomas E. Eimermann
from Introduction to Law for Paralegals: A Critical Thinking Approach
by Katherine A. Currier, Thomas E. Eimermann
Wolters Kluwer Law & Business, 2019

If, after the inquiry into the matter of the identity of the child’s father, the court finds that allowing the father to retain his parental rights serves the best interest of the child, then the father’s consent must be obtained before the child can be adopted by some other party.

“California Family Law for Paralegals” by Marshall W. Waller
from California Family Law for Paralegals
by Marshall W. Waller
Wolters Kluwer, 2016

In regard to parents who have never been married, the mother has the right to consent to services unless the father’s name is on the birth certificate or he has obtained a decree of paternity issued by a Court.

“Social Work Practice and the Law” by Dr. Lyn K. Slater, PhD, Kara R. Finck, JD
from Social Work Practice and the Law
by Dr. Lyn K. Slater, PhD, Kara R. Finck, JD
Springer Publishing Company, 2011

Proceedings for termination of parental rights are usually initiated by a state agency.

“An Introduction to the American Legal System” by John Malcolm Scheb
from An Introduction to the American Legal System
by John Malcolm Scheb
West/Thomson Learning, 2002

The father doesn’t automatically have rights over the children if his name isn’t on the birth certificate, or he doesn’t have a court order giving him parental rights (see Chapter 7).

“UK Law and Your Rights For Dummies” by Liz Barclay
from UK Law and Your Rights For Dummies
by Liz Barclay
Wiley, 2011

Contractual surrender of parental rights is not provided for in our statutes as now written.

“Basic Contract Law for Paralegals” by Jeffrey A. Helewitz
from Basic Contract Law for Paralegals
by Jeffrey A. Helewitz
Wolters Kluwer, 2018

Although a consent to surrender custody has less permanency than a consent to adoption, the legislative judgment that a mother should have time after a child’s birth to reflect on her wishes concerning the child weighs heavily in our consideration whether to give effect to a prenatal custody agreement.

“Health Care Law and Ethics” by Mark A. Hall, Mary Anne Bobinski
from Health Care Law and Ethics
by Mark A. Hall, Mary Anne Bobinski
Wolters Kluwer, 2014

When gaining parental rights through the court, the father needs to prove his degree of attachment and commitment to the child.

“Inclusive Primary Teaching: A critical approach to equality and special educational needs and disability” by Janet Goepel, Helen Childerhouse, Sheila Sharpe
from Inclusive Primary Teaching: A critical approach to equality and special educational needs and disability
by Janet Goepel, Helen Childerhouse, Sheila Sharpe
Critical Publishing, 2015

Finally, noncustodial parents cannot lose parental rights so long as they fulfill their parental obligations and maintain a relationship with the child.

“The Oxford Handbook of Fiduciary Law” by Evan J. Criddle, Paul B. Miller, Robert H. Sitkoff
from The Oxford Handbook of Fiduciary Law
by Evan J. Criddle, Paul B. Miller, Robert H. Sitkoff
Oxford University Press, 2019

In this instance, assuming that the husband gives consent, typically in writing, he will be granted all the parental rights of a biological parent.

“The SAGE Encyclopedia of Marriage, Family, and Couples Counseling” by Jon Carlson, Shannon B. Dermer
from The SAGE Encyclopedia of Marriage, Family, and Couples Counseling
by Jon Carlson, Shannon B. Dermer
SAGE Publications, 2016

Oktay Kutluk

Kutluk Oktay, MD, FACOG is one of the world's foremost experts in fertility preservation as well as ovarian stimulation and in vitro fertilization for infertility treatments. He developed and performed the world's first ovarian transplantation procedures as well as pioneered new ovarian stimulation protocols for embryo and oocyte freezing for breast and endometrial cancer patients.

Mail: [email protected]
Telephone: +1 (877) 492-3666

Biography: https://medicine.yale.edu/profile/kutluk_oktay/
Bibliography: oktay_bibliography

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58 comments

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  • My 2 Happy healthy boys were taken by CPS 7 months ago because I was staying with family and I didn’t have a lease and when I asked for help I was refused it by CPS and they even proved that the allegations were not true

  • Guilty until proven guilty!! I just dont understand how it was ok for a dr, cps, and cops to do this to a family! Makes me sick!!!

  • Hey I’m 20 year old and i have 1 baby mom and she having another baby by another guy i told her tell your new boyfriend to take care of my kids cus she broke up with me and i was going to kill myself should i sign my right

  • And the mom believes that the dr using a vacuum 4 TIMES during her delivery created or made the baby more susceptible to brain bleeds. Sick. That poor baby had bruising all over her head at birth and her ear. CPS better get their shit together & help children who are being truly hurt! And to try to terminate the mothers rights AFTER she was cleared? What a waste of tax payer money! I’m happy for the family.

  • Feminism has poisoned women to the point of having kids out of wedlock. And when they do have kids without a man, then they complain because the dude is never around. But somehow this is the man’s fault?

  • Curupt criminals with badges! Seriously WTF? He passed two lie detectors. And still went to jail. How is this acceptable? There were obviously others agendas at play! I hope he is vindicated and sues for millions!

  • I want my son’s father to sign over his rights, he doesn’t want anything to do with my son and hates contributing to anything expenses regarding my child

  • How do people come back from all this bullshit its money i would sue sue sue sue thats all they could do the courts cps and doctors can say 1 word and its all over. Thank u judge 4 seeing through this and good luck parents

  • All I wanna know is if it worked out for you? My man thinking of signing his over because his other baby mother with her broke ass, miserable took him to child support after the fact that he was taking care of the kid, taking him out and doing all that and out of spite! So he got a custodial thing coming up aug 5 and we think she tryna take his parental right and at this point he done everything he can for the kid and they bitch mad miserable! So he wanna know if signing over means he don’t pay child support cause one he not sure if the kid even his so he gonna ask for a dna, so u got some fed back on what happen to your case?

  • I am trying to create a documentary film about how CPS is pro child abuse and commonly gives abused children to the abusive parent.. If you or anyone you know actually has proof in the form of video, photos and/or medical records of abuse please contact me… [email protected] gmail.com // Also if you know of anyone who would be better at putting the film together or can help with this please contact me…

  • Help me!! They stole my 4 children and I’m doing everything to get them back but nothing is happening. Anyone know what to do?! Please. These are my children. Ages 3,7,9,16! They are confused and want to come home!!! Help me

  • All I can say is our hearts go out to the family that has been victimized by the Livingston County court system. It has been apparent that within the community of Howell Brighton and greater Livingston County area there has been a practice of separating father is from their children either by way of disgruntled mothers who utilize the 53rd district court has the largest tool in their arsenal to alienate children from parents aided and abetted by the Livingston County courts. We can clearly establish not just with in this case, but with several other cases in the community that there is a motive and intent for conviction Apparently by way of a steering the jury with facts and information that would only give them one option and possible outcome,when we allow unfair trials and unfair corrupt individuals into the Livingston County court system which we still have a few rouge individuals that are Involved with the courts,… it only hurts our community, and destroys families, and takes the faith out of the judicial system in which we value and place a high standard. This particular case has been watched and reviewed by several individuals including myself and through discussion boards it is very sad what this family has went through and hopefully they will be able to file a lawsuit against the county for what they have done to their family. I am quite sure everybody reading this is against child abuse in the Harmon of children however that’s not what this case is really about god bless the family that had to endure this horrible nightmare induced by the Livingston County 53rd District Court God bless And may your injustices be resolved in a timely manner!

  • I’m a woman… And I’m signing over my parental rights…. My kids father is a sociopath and has turned them against me. I’ve given up my fight for my kids…. Men aren’t the only ones…

  • But at the end of the day you got to take responsibility for your own stupidity at hand you chose these women you didn’t even take the time to get to know them first before you lay down and had a baby with him when you make the first mistake with the first kid you should have took time to yourself to realize what kind of woman you wanted in your life what kind of man you wanted to be and where you wanted to go

  • It was because of the accusation of that one doctor that the father wasn’t going to have the right to see his daughter…glad the Judge went against the false accusation and allowed Josh Burns to be with her

  • People who are saying sue CPS, great in theory, but the money that they’d win is coming right out of the our tax dollars again. I fully agree and support reimbursement. The whole system needs to be gutted though. It’s a f***ing cancer. Stop the state funding, incentives and bonuses and the kidnapping and trafficking of our children will stop.
    You can thank the Clinton’s.

  • He passed 2 lie detector tests but was still convicted? Do juries and courts believes lie detectors don’t work if you’re innocent? Yet again we see law being more about getting convictions than being honest

  • You mentioned why would you want to go through that s*** again so why do you have six baby mamas you clearly were okay with going through that again

  • I’ve been fighting to be in my child’s life but the mother is making my life hell. I’ve decided to terminate my parental rights. I have to focus on myself.

  • Explane this to me. A couple is married and some illegal government entity decides they are taking away parental rights of one of them. Next they forcing divorce. CPS are kidnappers. Ask any foster children which is worse foster care or being home with their parents. Foster parents live very well from their pay allotment, and children eat Mac and cheese, wear hand me downs and good will. Are verbally abused etc. do you know there is a program that you adopt a child with special needs (all adoptable children taken by CPS need some form of special need, be it counseling, medication ((drug babys)) stress forced from being stolen from their family, or living with abusive family) and they provide childcare for a weekend a month to give you a break? Seems to me if you want a child bad enough you would adopt a special needs child, that you would never send them away for the weekend. And what kind of message is that sending that child that has already been taken away from a family? And chances are special needs children are adopted by low on the list adopting parents.

  • this stuff should of never happened in the first place,its an out right crime the gov,has power over u wen it comes to your children,all because of one persons word over anothers,that dr should lose his licence and this family should sue and win in my opinion

  • Maan i agree with you im a father but about to relinquish my rights as a father too i feel you bro it hurts but i have to do it because I’m going through hell with baby mama myself courts judges (liars) lawers that took all my money and shes puertorican and she dont want me to be apart of my sons life

  • So at first i was TOTALLYfeelin him but then he had me at SIIIIIX!???? SIX baby mamas!??? Like u didnt learn the first 5 times!???? 1st one absolutely 2nd one okay, but three? Uhh ok its bout time to learn but 4 5 & 6!?? My dude condoms really are a thing

  • I kinda feel like doing the same with my ex I’m sick of going to court and him still trying to control my life through my daughter… and plus I don’t have money to even fight for her

  • Any person that wants to sign over rights just so they won’t have to pay child support or deal with the ex is a sorry piece of shit! As a parent, you’re supposed to fight for your children. If the mom is sorry and try to keep the child away from you, take her to court… If you don’t have the money to get a lawyer, get 2-3 jobs temporarily; and do whatever it takes to pay for a lawyer. These are common excuses y’all give..It’s about making sacrifices. Any real parent make sacrifices for their kids. After all, it’s not their fault they were conceived. I don’t wanna hear nothing about, “I gave my baby’s mama money for abortion”.. Then, even if you use protection, that doesn’t always work. There’s just no excuse… Anyone who feels sorry for you needs a mental evaluation. Who they need to feel sorry for is all your kids. I’m sure their moms have PROBABLY been through a tough time taking care of their kids alone. Your dog ass need to be ashamed of yourself. I don’t know how SOME of you so called “men” even look yourselves in the mirror. Just a complete waste of oxygen and space on this earth.

  • Can u sign over ya rights before the baby is born or right after the baby is born?.. if u didn’t want to have the child in first place.. and will that prevent you from being on child support?

  • I go to court Wednesday I been going court 3 yrs over dam Childsupport the bitch want let me talk too my son my brother can but I can’t so it drew a wedge in my brother’s relationship he help her put me on child support by giving her my information should I fk with him again or dnt I need answers

  • oh this happened in Detroit no wonder they punish good people while leaving drug dealing murderous criminals with a slap on the wrist

  • Remember this, if you put your child or children in child care, you are basically surrendering your child to CPS or if you live in the State of Florida, Florida DCF, because a Care Giver is legally required to be a Mandatory Reporter, and if a Care Giver has no common sense to think for themselves, you will end up getting falsely accused of Child Abuse for a bruise or a mark that was a total accident. And a Care Giver does not have to consult with the Child Care Director before making a Phone Call to CPS or Florida DCF..

  • I’m a pediatric nurse who has seen abused kids more than I would like. These people did not abuse their child. What CPS did to his wife after the fact, preventing her from working as a nurse and putting her on a “list” of child abusers is disgusting. I pray his appeal is successful and they sue the snot out of CPS, the ignorant doctors and nurses who didn’t look into the baby’s VERY traumatic birth, and the DA. Sickening. Not all cases should be believed, but this one is different.

  • DAMN BRUH I FEEL YOU�� IDK ABOUT THE 6 BABY MOMMA PART BUT WE HAVE MORE FATHERS WALKING OUT BECAUSE THE COURTS FAVOR THE MOTHER’S. I FILED FOR DIVORCE/ CHILD CUSTODY LAST YEAR IN OCTOBER SEEKING 50/50 OF OUR CHILDREN & STILL TO THIS DAY I ONLY GET THE SHIT END OF THE STICK & ONLY GET TO SEE MY CHILDREN TWICE A WEEK FOR ONLY 4 HOURS. I BEEN INVOLVED IN MY CHILDREN’S LIFES THEIR WHOLE LIFE, MY CHILDREN LOVE & KNOW WHO I AM BUT THE COURT’S NEVER WANT TO HEAR THE FATHERS SIDE.SOMETIMES I FEEL LIKE ITS BEST TO JUST SIGN MY RIGHTS OVER INSTEAD OF GOING THROUGH ALL THIS BULLSHIT I DO

  • You pathetic piece of shit! You are no man! MEN like the ones in my family such as my DAD, GRANDFATHER, and BROTHERS are MEN. And please get snipped. Sadly the rest of the world and our tax dollars will have to support your BASTARDS you are leaving behind.

  • The poor family, the mother, the father, his career, their lives are tainted with allegations like they are abusers. They have a record that is UNTRUE, and that poor baby taken from the daddy who protected her. Evil CPS. How can they recover their dignity. They are innocent. My oldest son was permanently injured from vacuum extraction.

  • The jury alone should be ashamed of their self if anybody can pass to lie detector test there’s no way as a dreary member I would convict that person

  • I’m not judging. I’m in court trying to get custody of my child from my dead baby momma husband. The court and his lawyer are doing their best to continue to alienate me. Now they trying to terminate my rights. And when I even mentioned wanting to get justice, I got in trouble. So I ain’t judging. Fk these women. THEY play around with men and their kids.

  • Mandatory vaccinations also cause baby brain bleeds. Brain swelling caused by vaccinations mimics shaken-baby-syndrome. No telling how many parents, guardians and nannies have been accused of shaken-baby-syndrome and gone to jail, when in actuality the brain swelling had been caused by vaccinations.

  • 3:04, I was thinking SIMILARLY when I was at mother’s day lunch, looking at this BIG O’L Spanish family..like bro, i wish i was mexican..they got their shit FIGURED OUT..
    #benefits #family.. ��

  • The government has no business in family affairs. CPS is a cerrupted organization that accuess innocent parents of abuse and neglect based on verbal complaints without facts and tangible evidence. They use threats to make innocent parents sign their children over and they violate our ammendment rights.

  • This story is horrific. This couple did nothing to deserve the severance of the bond with their baby. I hope this family is at least financially compensated for their trauma.

  • Cos needs to be investigated, thay are not even professionals. They are not psychologist.
    Children are more in danger and there is more mental damage done by cps they don’t listen to the kids nor do they care
    Yes and they get Doctors to say and go along with there games of messing with the parents too.

  • I hope they sue the shit out of these corrupt cps worker’s cps as a whole is the most corrupt government being in the United States

  • I TOTALLY UNDERSTAND YOU IM GOING THRU SOMETHING SIMILAR AND THESE DAYS ALOT OF THESE LAZY PETTY BITCHES JUST WANT TO GET PREGNANT TO LIVE OFF CHILD SUPPORT I CAN’T WAIT THE DAY IT’S TERMINATED DO DECREASE POPULATION AND STOP THESE BITCHES FROM LIVING OFF THE GOVERNMENT AND USING PEOPLE!

  • Yup if you pass a lie detector then they say it’s inadmissible but fail one and they use it against you.
    He’s done and passed everything they wanted him to do YET he still went to jail. Just goes to show it’s never been “innocent until proven guilty” but guilty until proven innocent.

  • This shows how dumb our law is. They made child abuse law so extreme until kids are untouchable. The way they made the law it seems like they expect and want all babies to be in a perfect world. They also protected children so much until adults can’t discipline them and that is why most kids grew up rude and lack of respect. Kids in Asia are more respectful because their child abuse law isn’t as extreme and unrealistic like the dumb American.

  • You think you sound smart. Go take several seats. There aren’t even 1 billion people in America. With the state of our people why abandon and recreate the situation all over again?

  • 1:57, yes I’ve been struggling with my faith at times and faith in just the MERE goodness of humanity in general with the same stuff… #coparenting #divorce

  • You created your life. Take care of your children and live with it. You are very ignorant and you should’ve never had children to begin with. All those bitches you talk about will be your own children for abandoning them.

  • It is tougher and tougher to be a man and have any hope of maintaining custody of his kids. Who gives this man a year of his life back?

  • Passing to lie detector test, and still was found guilty? What kind of trumped-up charges did the CPS and district attorney frame this case. When he is cleared of all charges it will be time to press criminal charges against the CPS and the district attorney. You are talking big money now when you have a corrupt government agency colluding together to frame a person / family.

  • How do you get your parental rights back once you’ve forfeited your rights? ihave a job but I’m homeless and paying child support. Its hard to build back up when most of my money is being seized. I would like to save enough money to get a place and then have my rights back

  • The U of M has a whole division for people falsely accused of shaken Baby charges?? That’s scary as hell that that even exists.Glad I’m so old even my grandkids aren’t babies anymore. I can beat the hell out of them,Take a Nap come back beat them some more and it will be 7 pm time for bed.What a life.Pretty soon I’ll have Alzheimer’s think of all the new people I’ll meet and new places to see.My bathroom,My kitchen hell its a whole new world.I just wish I could see my penis one more time before I die I’m so fat. My wife is starving me so wish me luck.

  • And then you talked about believing in God well I understand that people make mistakes but you’ve done this six times so wouldn’t your belief in God teach you at some point that maybe I should actually date this woman and see if she’s marriage material before I go busting nuts in her Raw but you still haven’t learned that even after six times so I’m not saying your baby mamas don’t have problems but you also have problems mentally I’m wondering what verses in the Bible you were reading or what part of your spirituality taught you that you should just have sex with women and get them pregnant without any type of commitment to be together and I’m definitely not saying just propose to a woman simply because you’re dating her but I’m saying Date her and actually get to know her before you stick your dick in her raw so you can find out if this woman is even mentally stable enough to carry on a relationship as well as if you’re mentally stable enough to carry on a relationship with that particular woman. If the answer to any of those questions is no getting her pregnant will not change that it will simply make it harder that’s what you’re experiencing now times 6.

  • If the child actually was abused they would probably look the other way and target the mother instead. False allegations are enforced and actual ones are excused? CPS is likely part of a child trafficking ring or just hiding their lack of competence and destroying childrens lives in the process. Criminal behaviour!

  • They need to sue beyond 10 million and ask for the arrest of the officials involved, charging them with child endangerment, willful negligence, and maximum jail time on each count.

  • I wonder what financial incentives are being offered to doctors on the sly to accuse innocent parents so that they have an excuse to steal peoples children? That doctor should be taken to court same with CPS.

  • Shut the fuck up already all your videos are dumb all you do is bash your baby mothers if you dont care stfu somebody need to pop your disrespectful ass

  • I hope this family has been reunited and are working towards healing, from the trauma they’ve all had to endure bc of the corrupt doctors and cps workers..

  • Y’all need to investigate bay county Mi Dhs, and the courts. I put surveillance on my kids foster care home, and can prove both times the CP’s worker committed perjury. Now there calling me crazy BC I recorded trying to protect my children and my rights. The judge is not allowing me to turn in any evidence against Dhs, and is trying to adopt out my kids.