Loganville, GA asked in Family Law for Georgia

Q: I'm the non-custodial parent and my child is very disrespectful due to slander from the custodial parent.

What is the process & fees for relinquishing parental rights & can I emancipate the child without having to relinquish rights as the non-custodial parent? How does emancipation & relinquishing work?

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4 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: You can't relinquish your rights.

Homer P Jordan IV agrees with this answer

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: You cannot compel a child to be emancipated. The right of action lies in the child. You cannot relinquish your parental rights either. You may have an action for contempt, but you would need to discuss this in further detail with counsel to determine if that is the case.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleagues, you won't be able to relinquish your rights, and you can't force emancipation. You didn't mention the age of the child, but once they are 18 they will legally be an adult. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: Emancipation of a child is not a good thing. For parents, it generally means asking the Court to declare the child a juvenile delinquent and that's a path that no parent should hope for as it means that the State will take control of the child and may commit the child to an institution. (Besides, such an action will foreclose the child's future prospects as an adult to enter the military, police, teaching and many other careers).

You cannot relinquish your parental rights unless you are agreeing to the child's adoption by someone else or you have been subject to adjudication in dependency court for neglect, abuse or some other egregious act against your child.

There are other legal mechanisms that an attorney may discuss with you to potentially help you with your concerns. You should consult with one.

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