Ohio 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
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FAQ

Biological parents can also petition the court to voluntarily relinquish their parental rights either to an adoption agency or the adult(s) intending to adopt the child. The biological parents must attend a voluntary relinquishment hearing, which will generally be held 35-40 days after the consent form has been filed.

Ohio law does not provide a predetermined age, though many counties do in their local rules. Often they are addressed in the county's standard order of parenting time. The majority of counties appear to choose the age of 16 as the age in which the minor child may make the choice on their own behalf.

A parent who is not the custodial parent of a child will be almost guaranteed to have visitation rights, referred to as "parenting time" in Ohio. At the same time that the court determines custody custody, the court will issue an order ensuring the non-custodial parent will have parenting time with the child.

(A) The parents, guardian, or other persons having custody of a child may enter into an agreement with a public children services agency (PCSA) or private child placing agency (PCPA) to voluntarily surrender a child into the permanent custody of an agency when there is mutual agreement that a permanent surrender would ...

If you have an existing custody order, you have to go through the court to change it. This process can take between 3 months and 2 years to complete, depending on your situation.

(1) "Abandoned" means the parents of a child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after that ninety-day period.

If the judge finds that the children's emotional and physical well-being is threatened by returning them to you or that they have lived in foster care for many months and you have not shown improvements in your lifestyle, your parental rights will be terminated.

In many situations, the parent has sole physical custody of the child and has the right to make a long-distance move, but this does not mean the non-custodial parent cannot challenge the move in court and attempt to prove it is not in the best interest of the child.

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Ohio USLegal Guide to How to Relinquish Custody