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- 1). Speak to other existing or alternate guardians. If you think your child is better off with a former spouse or his or her grandparents, talk to them before you create unnecessary legal drama. Scheduling this conference with your attorney prevents misunderstandings or later complications. Ask if they are willing to take full custody without you terminating your full parental rights.
- 2). Create a custodial agreement. This step is for situations where you want to retain parental rights, but not retain custody or responsibility for the child's home life. If alternate guardians are willing and able to provide for your child, your attorney can create a custodial agreement that grants custody to the new guardians. Some states have complex rules about grandparents' rights. Your attorney must advise you of these. Changing custodial rights allows the child to know you are still his or her parent, but that a better home situation will occur.
- 3). Create a petition for termination of parental rights. If you believe your child is best served by full termination of your parental rights, you must determine good cause for the court to grant your request. Good cause is a legal term that varies by state, but it's essential meaning is that you must have a reason that truly reflects the child's best interests. Reasons might include long-term destitution with no expectation of change when another parent is solvent; a destructive and violent home; long-term drug, sexual, or domestic abuse in the home; or to permit adoption at infancy. Your attorney will write a petition for termination.
- 4). Attend family court. Your attorney will advise you of your court date. You and your attorney will plead your case, showing any evidence you have that your child is better served living with others or by the termination of your parental rights altogether. At the end of the hearing, a family law judge will either require more information and schedule another hearing or will make a decision. If you must return, the judge's needs determine what happens at subsequent hearings.
- 5). Follow the order. The judge grants the order at a hearing. The order is then filed and has the power of enforcement, which means if you or anyone else in the agreement violate it, there are legal consequences. You still may have financial obligations under some decisions. You may have certain obligations about contact with the child. Comply with all aspects of the order so that your child may rebuild a healthy, happy life.
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