How to Relinquish Custody in a Divorce Case
There are instances in which a parent during or after a divorce proceeding reaches a juncture at which he or she has the need to relinquish voluntarily legal and physical custody rights. In some cases this needs to be done for an indefinite period of time. For example, if a parent is being sent on active duty for a period of time, exercising physical custody is impossible and legal custody is likely impractical. There are certain steps that need to be taken to relinquish custody of a minor child.
Overview of Legal and Physical Custody
Legal custody represents the right of a parent to make major life decisions for a minor child. Major life decisions include significant matters like medical care, education and religion. Physical custody is the right of a parent to provide a residence to a minor child.
Legal and physical custody can take a different forms. For example, parents can jointly share legal custody of a child. In such a situation, they both participate in making major life decisions for a child.
Physical custody can be vested with one parent who maintains a primary residence for a child. The other parent typically would have the right to parenting time. In some cases, both parents jointly share physical custody of a child. The minor technically maintains a residence with both parents.
When one parent relinquishes legal and physical custody, the other parent ends up having sole legal and sole physical custody of a child. The revised custodial arrangement will remain in place until the parents reach a different arrangement or the court enters an order adjusting the scheme.
Free and Voluntary Act to Relinquish Custody
The decision to relinquish custody must be a free and voluntary act. A person cannot be forced to change a custodial arrangement, except by order of the court. In addition, a person must be of sound mind in order to execute an agreement to change custody of a minor child.
Proper Legal Instrument to Relinquish Custody
The parent desiring to relinquish custody must complete and sign a proper legal instrument relinquishing custody. This is a document that typically is prepared by an experienced attorney.
Because of the gravity of relinquishing custody to a child, legal representation is imperative. A parent must never sign a document relinquishing his or her right to custody without first consulting with legal counsel. This includes having a lawyer review all documents related to relinquishing custody of a minor child.