Kansas Petition to Declare Child Free from Parent's Custody and Control for Abandonment - Release of Parental Rights

State:
Multi-State
Control #:
US-00874BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a pleading that may be used when preparing a petition to declare a child free from a parent's custody and control on the grounds of abandonment.

How to fill out Petition To Declare Child Free From Parent's Custody And Control For Abandonment - Release Of Parental Rights?

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FAQ

If the child is more than a year old, the alleged period of abandonment must have been at least six months or longer. If the child is a year old or younger, that period could be as little as 60 days.

Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months. Severely or repeatedly abused the child.

If the father is absent from his child's life for an extended period without a good reason (usually six months or more), the mother may bring a case to the court for the removal of paternal rights. This is only ordered in the most extreme cases.

The reality is that whether a parent is absent for 6 weeks, 6 months, or 6 years, the rights of both parents via parental responsibility don't change. So, long story short. A father who has had no contact but has parental responsibility still has a right to see their child.

Legally, it doesn't really matter how long the parent has been absent from the life of their child, parental responsibility once bestowed is very rarely lost. The caveat to that is in cases of absence without trace for a period of at least six years.

A parent's rights can be terminated in one of two ways: Voluntary relinquishment: The relinquishment of parental rights must be in writing and acknowledged before a judge or an officer authorized to take acknowledgments.

SB 58 establishes the Parents' Bill of Rights. The bill states that all parents have a right to direct the upbringing, education, care, and mental health of their child. The bill also enumerates 12 rights reserved by the State for parents with regard to their child.

Abandoning the child in some way, which happens to be one of the most cited reasons for filing a petition to terminate an absent parent's rights over their child. In most states, a biological parent must prove that the absent parent has had no contact and has not seen the child for at least four months or longer.

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Kansas Petition to Declare Child Free from Parent's Custody and Control for Abandonment - Release of Parental Rights