Surrender of Child Custody in Saratoga Springs

Any issues involving child custody can become complicated.  Parents and guardians often have heightened emotions regarding their children, and the situation can quickly become stressful for all parties.

Surrender of child custody in Saratoga Springs can be voluntary or involuntary, neither of which is easy.  Working with an attorney who has vast experience with a range of custody issues is critical.  Our compassionate and knowledgeable lawyers review the situation with you to help you understand your legal rights and options.  With our assistance, you may find a satisfactory resolution that protects your family.

What Is Involuntary Surrender of Child Custody?

Involuntary surrender of child custody occurs when a Court terminates a parent’s rights.  Courts believe in protecting parental rights, so involuntary surrender is rare and typically only occurs when a Court believes it is in the best interests of the child/ren.

If you believe it is appropriate to terminate the rights of someone who shares the responsibility of parenting with you, speaking to a dedicated attorney may help you understand the process and ensure you have justifiable grounds.  A foster parent or social services agency, such as the Department of Social Services, can also pursue involuntary termination of a parent’s rights. There are several situations that may justify terminating a parent’s rights, including:

• A Court determined that the parent legally abandoned their child/ren because they did not maintain meaningful contact through visits, phone calls, or other means of communication or did not provide financial support for a period of at least six (6) months
• Child abuse
• Child neglect
• A Court convicted the parent of a serious crime, such as murder, manslaughter, or child abuse
• Parental unfitness due to mental illness or a substance abuse problem
• A foster carer looked after the child/ren for 15 of the last 22 months

If you are seeking to terminate a parent’s rights and force them into an involuntary surrender of custody, you need to justify your claim with clear evidence.  A Court considers the evidence and makes its determination based on what is in the best interests of the child/ren.

If a parent involuntarily surrenders their parental rights, they no longer have the legal obligation to pay child support and the child/ren may be eligible for adoption by a stepparent or other party.

Our Saratoga Springs lawyers will review your evidence to determine whether you have valid grounds to initiate a petition regarding child custody and will help you understand the consequences of involuntary surrender.

What Is Voluntary Surrender of Child Custody?

In some situations, a parent may terminate their own custody by signing a formal affidavit relinquishing their parental rights.  In the case of newborns, the parent must wait 48 hours after the birth of the child/ren to sign the affidavit.  In some situations, a parent can make their surrender conditional, seeking to keep some visitation or other rights.  Parents can either make an identified surrender of custody to a specific individual, such as a stepparent or a close relative, or a general surrender.

If you are considering voluntarily surrendering your parental rights, work with an experienced Saratoga Springs lawyer who may offer you helpful advice.

Contact a Saratoga Springs Lawyer To Learn More About Surrendering Custody Rights

Surrendering child custody is a serious matter, whether voluntary or involuntary, and the consequences are permanent and irreversible.  If you surrender your parental rights, you will most likely no longer have any legal entitlement to see your child/ren.

Contact us to schedule a complimentary consultation to learn more about the surrender of child custody in Saratoga Springs and let us help you navigate this often difficult situation.