Factors Involved in Relinquishing Parental Rights and Adoption
Relinquishment of parental rights can occur forcibly or voluntarily. It most commonly occurs during an adoption process, in which birth parents relinquish their parental rights to give an adoptive family full legal custody over the child. While that does not necessarily mean the birth parents can never again have contact with the child, there are some cases in which that might be a part of the adoption, particularly if it was a forcible relinquishment of rights.
The following are some situations in which parents might have their rights forcibly taken from them:
- Committing certain acts: If the parent abandons the child, leaving them with or without others for up to 30 days, then that could be cause for forcible relinquishment of parental rights. The same is also true if the parent lets the child stay with someone else without communication for a period of at least six months.
- Impact on the adoption process: If the parents holding on to parental rights will have a negative effect on the adoption process, a court could strip the parent of those rights. The result could be a closed off adoption process, with the parents not having any contact with the child moving into the future.
- Extended family member seeking custody: If an extended family member steps in to seek custody of the child in cases involving abuse, abandonment or neglect, the court could side with that family member and force the parent(s) to relinquish their parental rights.
For more information on relinquishment of parental rights in the adoption process, speak with an experienced Long Island family law attorney at Bryan L. Salamone & Associates.