Hawaii Petition to Declare Child Free from Parent's Custody and Control for Abandonment - Release of Parental Rights

State:
Multi-State
Control #:
US-00874BG
Format:
Word; 
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Description

This form is a pleading that may be used when preparing a petition to declare a child free from a parent's custody and control on the grounds of abandonment.

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FAQ

The parents or either parent or the surviving parent who desire to relinquish parental rights to any natural or adopted child and thus make the child available for adoption or readoption, may petition the family court of the circuit in which they or he or she resides, or of the circuit in which the child resides, or ...

Any person who wilfully abandons or injures in health or limb any child under his legal control or neglects to provide the child with suitable or necessary food or clothing or cruelly or unreasonably strikes, beats, flogs, or chastises the child shall be fined not more than $200 or imprisoned not more than six months.[ ...

There is no specific age to consider the child's wishes on custody in Hawaii. A child's custodial preference can be considered at any age as long as they are able to make an independent, well-reasoned decision. Judges watch for signs that a child is coerced to make a decision.

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

Legally, it doesn't really matter how long the parent has been absent from the life of their child, parental responsibility once bestowed is very rarely lost. The caveat to that is in cases of absence without trace for a period of at least six years.

If you do not participate in the services set forth in your reunification plan, the court can terminate your services. If your services are terminated that means that the goal for your case has changed from getting you back together with your child to finding a permanent home (that is not with you) for your child.

Some of the circumstances under Hawaii state law in which the court will involuntarily terminate a parent's legal rights to their child include: If the parent surrendered care of the child to another person for at least two years. If the parent failed to communicate with the child for at least one year.

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Hawaii Petition to Declare Child Free from Parent's Custody and Control for Abandonment - Release of Parental Rights