Giving up parental rights of a father is usually a very painful experience for the concerned parties. In most cases the issue of giving up parental rights arises when the child is likely to be adopted by somebody else (because the law states that before adoption the natural parents of the child must give up their parental rights) or when the child is subjected to neglect and/or abuse. Under the law of various US states, there are two types of giving up of father's parental rights. One is voluntary relinquishment, in which case the biological father willingly gives up his parental rights for various reasons such as a likely adoption for the children or his own mental illness. The second one is involuntary giving up of parental rights, in which case the father is legally forced to give up his parental rights because of his physical abuse and continuous neglect of the child. Usually the latter involves lengthy court procedures and socially embarrassing and emotionally draining situations.
Under the laws prevailing in US states, the natural father has no custodial right of the child once the parental rights are given up. Also, after relinquishing the parental rights the father has no legal rights and privileges on his child. That is why natural parents must relinquish their parental rights before the adoption of the child can take place legally. Generally, voluntary giving up of parental rights takes place mostly when the child is likely to be adopted. The court allows voluntary giving up of parental rights for other than adoption cases if it is convinced that a good and sound reason exists for this and it serves the best interest of the child. The voluntary relinquishment of parental rights involves a lengthy court procedure and counselling. The father who voluntarily gave up his parental rights will still remain responsible for providing child support.
Involuntary giving up of parental rights involves a lengthy and often bitter legal battle. In this case the father does not want to give up his parental rights. But if the court is convinced that the physical, mental and emotional well-being of the child is disrupted because of the actions of the natural father, his parental rights can be terminated. The court takes into consideration factors like continuous and prolonged abandonment of the child by the natural father, the lack of compliance from the part of the father for rectifying the conditions and environment of child abuse and neglect even after repeated counselling, and the degree of disintegration of the relationship between the father and the child. The court is likely to terminate the parental rights of a father if it is convinced that the father caused physical harm to the child or the other parent or the custodian of the child and/or sexually abused the child.
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