Massachusetts USLegal Guide to How to Relinquish Custody

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Multi-State
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US-GDE-13
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Description

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.

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  • Preview USLegal Guide to How to Relinquish Custody
  • Preview USLegal Guide to How to Relinquish Custody
  • Preview USLegal Guide to How to Relinquish Custody

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FAQ

Under Massachusetts law, a minor child (under the age of 18) does not have the right to choose which parent to live with. The decision can be made by the divorcing co-parents if they are able to come up with a custody agreement that is in the child's best interest.

If, after every effort is made to help the family remain together, a parent is still unable or unwilling to maintain responsibility for a child, she/he may voluntarily act to relinquish her/ his legal parental rights and responsibilities by signing an Adoption Surrender, in ance with MGL c. 210, § 2.

If the law applies to you, you must get permission either from the other parent or the court before you can leave the state with your child. If you can get permission from the other parent to leave the state with your child, you do not need the court's permission also.

Joint custody arrangements have become more common over the years. For many families, joint custody is the best possible situation after a divorce because both parents spend meaningful time with their children and remain involved in their lives.

Historically, women have always had the upper hand in being awarded child custody. Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.

Depending on the specifics of your case, it can take as little as 30 days or as long as several years to resolve a custody dispute, and it can cost anywhere from a few thousand dollars to tens of thousands.

Almost 7 percent were placed in their fathers' custody, and for 13 percent of children, a shared custody arrangement was established. These proportions change ing to the age of the children at the time of separation.

As stated previously, both parents are equally entitled to care and custody of the child. However, practically speaking, where there is no court order, the parent with whom the child resides has de facto custody of the child and has the right to make all day-to-day decisions with respect to the child.

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Massachusetts USLegal Guide to How to Relinquish Custody