How to Sign Over Custody of a Child

Adoption and child custody laws are established by individual states and vary greatly between locations. Even if you choose to sign over custody of your child through a public or private social-service agency, it is advisable to retain your own attorney before signing any documents that might affect your parental rights.

Instructions

1. Talk to an attorney. Before you sign over custody of your child, you must consult with an attorney to understand how the transfer of custody will affect your parental rights. If you cannot afford an attorney, the Clerk of the Court in your city or county may refer you to a legal-aid office that can assist you at no charge.

2. Work with the adoptive parents for assistance with your legal fees. If you are relinquishing custody of your child for the purposes of adoption, many states allow the prospective adoptive parents to cover your legal fees if you retain a private attorney. If the adoptive parents are covering your legal costs, give your attorney their contact information up front. This will ensure that there is no delay in your representation due to unpaid bills.

3. Speak with several agencies before you sign over custody. If you plan on working with an agency to find an adoptive parent or guardian for your child, interview several organizations before you decide with whom you will work. Make sure that the agency you choose is licensed and offers the services you need, such counseling and case management.

4. Review the terms of your relinquishment papers carefully. Take your time reviewing the documents before you sign them and discuss each provision with your attorney. Do not sign any documents if you do not understand them or do not agree with the terms they list.

5. Retain copies of everything that you sign. After you execute your relinquishment, request a copy and keep it with your files.

References

• For Pregnant Women, Birth Mothers, Fathers, & Relatives

Resources

• Read this Article in Spanish