Fathers and the Relinquishment of Parental Rights

The decision to terminate parental rights is based on the child's welfare.

A father may file a petition to relinquish, or voluntarily terminate, his parental rights only if it is in the child's best interest. The welfare of the child is the sole determining factor for termination of parental rights.

Good Cause

A court may allow relinquishment of parental rights in cases of physical abuse or neglect of the child. Conditions that diminish the capacity of the father to be a parent such as mental illness or substance abuse may constitute cause for termination.

Procedure

A petition for relinquishment of parental rights is filed in the county of residence, after which a hearing is scheduled to make the determination of parental rights.

Evidence

Clear and convincing evidence must be presented to the court to justify termination of parental rights. Evidence may include witnesses or medical professionals who can attest to the father's behavior and interaction with the child.

Adoption

Depending on the policy of the state, the biological father may only be allowed to voluntarily relinquish paternity if a legal adoption follows.

Financial Support

The father may be obligated to provide continued child support per state law if the mother has received public assistance or if arrearages are owed.

References

• National Center for State Courts: Termination of Parental Rights
• LSU Law Center's Public and Health Law Site: Termination of Parental Rights