This guide provides an overview of how to give up parental rights. Topics covered include reasons for terminating rights, due process concerns, time deadlines, proving why termination is in the child's best interests, and state involvement in the termination process.
Alabama USLegal Guide to How to Relinquish Custody
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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.
Alabama does not have an established age where the judge must listen to the child's input about where they will live. Instead, the judge decides if they believe the child is mature enough to form an opinion on this topic before considering the child's wishes. Even then, this is only one factor in the court's decision.
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.
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.
If you wish to change the custody and visitation schedule in place, you must go to court with evidence that circumstances have substantially changed and that altering the schedule is the best thing for your child.
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.
They are: Sole physical custody?the child lives with one parent full-time and the other parent has visitation rights. Sole legal custody?one parent makes all the legal decisions for the child. Joint physical custody?the child lives with each parent part of the time, not necessarily equally.
If you wish to change the custody and visitation schedule in place, you must go to court with evidence that circumstances have substantially changed and that altering the schedule is the best thing for your child.