This guide provides an overview of relinquishing and terminating parental rights. Topics discussed include reasons for termination or relinquishment of parental rights, due process issues, evidentiary matters, and more.
Alabama USLegal Guide to Giving Up and Signing Over Parental Rights
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FAQ
If a parent loses or forfeits his or her parental rights (called termination of parental rights), he or she will no longer be obligated to financially support that child. Most courts will not allow parents to abandon his or her financial obligation simply because he or she chooses to do so.
Types of Parental Termination in Alabama Voluntary termination occurs when one parent signs over their parental rights. The requesting parent must establish that a TPR is in the child's best interest. Involuntary termination occurs in dire situations and if there is no other less restrictive and permanent alternative.
The Termination of Parental Rights Process in Alabama Typically, a government agency, parent, guardian, or another family member can file a petition asking the family or juvenile court to terminate a parent's rights. The TPR severs the legal bonds between a parent and child and frees the child for adoption.
For children who have been in care 12 of the last 22 months, a TPR petition must be filed unless there is a compelling reason not to do so (refer to Permanency Planning Policies And Procedures). For children who have been abandoned for 4 months, a TPR petition must be filed within 14 calendar days.
This act shall be known and may be cited as the "Alabama Parent-Child Relationship Protection Act" and promotes the general philosophy in this state that children need both parents, even after a divorce established in Section 30-3-150, Code of Alabama 1975.
Abandonment of the child. Mental illness or deficiency the parent, which renders them incapable of caring for the child. Drug or alcohol abuse by a parent. The parent has abused the child, or attempted to do so, or the child is in clear and present danger as evidence by the treatment of a sibling.
Rule 32 was amended effective June 1, 2023, to provide a method of calculating child support in cases in which a court order provides for shared 50% physical custody, i.e., when each parent retains physical custody of a child 50% (or approximately 50%) of the time.
A person commits the crime of abandonment of a child if he/she is a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, and he/she deserts such child in any place with intent wholly to abandon it.
