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?
A: You can't relinquish your rights.
Homer P Jordan IV agrees with this answer
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
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.