Voluntary And Involuntary Revoking Of Child Custody Explained

An expert child custody attorney can help you win custody of your children by arguing before a judge on your behalf. While being granted primary or shared custody of your kids is a great win, this can change.

Custody arrangements aren't set in stone, and your parental rights may be revoked in some cases. Your child custody attorney can help you understand the circumstances that would jeopardize your custody, give tips on securing it, and how to go about it if you choose to terminate your rights.

Involuntary Revocation or Termination

A professional child custody attorney will make it their business to walk you through instances where the courts may revoke or terminate your custodial rights. It's always great to have this information beforehand, even before finalizing your custodial and parental arrangements.

Under child custody law, the courts may revoke custody if it is proven that you are subjecting the children under your custody to physical and/or psychological harm. Such harm may come to the child from physical abuse, neglect, and abandonment. The court will consider various sources of information to assess whether or not you can provide a safe environment for the child, including looking at your lifestyle and psychological health.

Abducting your child is also another reason why you may end up losing custodial rights. Taking and even hiding your child without the other parent's permission is never a good idea, however well-intentioned the move may be. If you are convinced that the other parent is putting your child in harm's way, work with your child custody attorney to argue in court to amend the original custody arrangement.

Voluntary Termination

You may want to terminate your custodial rights for any one or more of several reasons. Child custody law allows for this voluntary revocation of rights, provided you follow due process.

Depending on your state, you can initiate the process by filling out and filing official forms. If these are unavailable in your state, have your child custody attorney help you draft a pleading requesting the revocation of parental rights and highlighting the reasons for your decision. You will then need to hear a termination hearing before the court rules on the matter. 

Final Thoughts

Whether voluntary or involuntary, it is important to remember that your child's best interest must always come first in revoking custodial rights. A qualified child custody attorney can provide you with legal counsel and, in the case of an involuntary revocation of rights, help you argue for the reinstatement of your custodial rights. Child custody law can be quite complex, and you need the best people in your corner. 

Reach out to a local attorney to learn more.