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.
New Hampshire USLegal Guide to How to Relinquish Custody
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FAQ
A court order may have been made by a judge, or a judge may have approved an agreement made by you and your child's other parent. In either case, if you want to change that order and the other parent does not agree, you will have to file a court action and ask a judge to change the order.
It shall be presumed that the parent intends to abandon the child who has been left by his parent without provision for his identification or who has been left by his parent in the care and custody of another without any provision for his support, or without communication from such parent for a period of 6 months.
If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.
The process of terminating parental rights is confusing for some. Certain paperwork must be completed and submitted such as a NHJB-2188-FP form and evidence must be gathered. The best way to make the process easy and stress free is to hire an experienced attorney to help you with the entire process.
If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor child as to the parent with whom he or she wants to live.
There is no set age at which the court may consider the child's wishes in New Hampshire, as the law recognizes that age does not equal maturity. Essentially, the court can decide to factor in the child's wishes regarding which parent he or she wants to live with as it sees fit.
Keep transitions short, sweet, and reassuring. No matter the reason as to why your child is refusing to spend time with their other parent, you must manage this situation in an appropriate, fair manner. It may take time to change your child's perspective, but do your best to keep a positive outlook on the situation.
Most of the time, children benefit from having good relationships with both parents. But if your child wants to live with their other parent full time, give your child space to express how they feel, and listen openly. But don't allow them to be rude?if they need help, guide them through rephrasing some statements.