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.
Maine USLegal Guide to How to Relinquish Custody
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Multi-State
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US-GDE-13
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FAQ
Maine law does not specify a specific age at which a child can decide where he or she will live. If the child is old enough to have a meaningful preference, the court can take their input into consideration.
Hear this out loud PauseRisk to safety: An unsafe or unstable home environment may be one that is dangerous to the child. This may include being exposed to dangerous people such as new partners with serious criminal convictions or living in a very messy and dirty house which could cause illness or neglect.
The parent has acted toward a child in a manner that is heinous or abhorrent to society or has failed to protect a child in a manner that is heinous or abhorrent to society, without regard to the intent of the parent; [PL 1995, c. 481, §3 (AMD).]
Hear this out loud PauseMalicious Parent Syndrome refers to situations in which a divorced or divorcing parent deliberately aims to harm the other parent. In some extreme cases, the offending parent may even mistreat their children to tarnish the reputation of the other parent.
The Maine courts take this matter seriously and if the other parent objects to the relocation, a judge will need to intervene and there may be a trial. The parent intending to relocate will need to apply for a change of the parental rights and responsibilities (custody) order.
1. Petition for termination; adoption petition brought solely by parent. A petition for termination of parental rights may be brought in the court in which a petition for adoption is properly filed as part of that petition for adoption.
Hear this out loud PauseThe Best Interests of the Child Standard in Maine The duration, adequacy, and stability of the child's current and proposed living arrangements and the desirability to maintain continuity. The motivation and capacity to give the child love, affection, and guidance of each parent or other party involved.
