Surrender Parents Rights in NJ? What you need to know
DYFS Defense Lawyers with offices in Morristown, New Jersey
If you are named as a defendant in guardianship litigation and the Division of Child Protection and Permanency is seeking to terminate your parental rights, you are able to avoid taking the matter to trial by agreeing that your parental rights should be terminated. In cases where a parent agrees that his or her rights should be terminated so that the child may be adopted, parents are able to enter voluntary agreements called “surrenders” of parental rights. A surrender can either identify the particular person to whom a parent is surrendering his or her parental rights or a surrender can be made in general. If you are involved in DCP&P guardianship litigation but agree that your parental rights should be terminated, you should contact a knowledgeable DCP&P defense attorney today to discuss the legal consequences of entering into an identified or general surrender of your parental rights. Our attorneys have handled a number of these cases and are availablw now to assist you at (908)-356-6900.
Should I surrender my parental rights?
In addition to agreeing to Title 9 child abuse or neglect or Title 30 child welfare jurisdiction, parents are also able to surrender their parental rights so that their child can be adopted. In other words, if the Division of Child Protection and Permanency filed a guardianship complaint against you seeking to terminate your parental rights, one option is to consent to the court executing a judgment of guardianship following the surrender of your parental rights. To do so, a parent enters into either an “identified surrender” or a “general surrender.” An identified surrender is a surrender of your parental rights to a particular person who is willing to adopt your child. Importantly, only that particular person, and that person only, can adopt your child. If for some reason after you execute an identified surrender, that particular person does not adopt your child, your parental rights will be reinstated. A general surrender, on the other hand, is a relinquishment of your parental rights without any conditions on who eventually adopts the child. For example, if DCP&P takes custody of your child and places your child in a home with a resource parent that is not willing to adopt the child and there is no potentially adoptive parent but you still believe that adoption is in your best child’s interests, you can surrender your parental rights.
In both circumstances of an “identified surrender” or “general surrender” of one’s parental rights, the judge presiding over the case will require the parent to review, complete, and sign a detailed questionnaire. In addition, the parent will have to appear in court to review the forms, again, and answer questions during a confidential Court hearing. One of the most important requirements for entering a surrender of parental rights is that the surrender be knowing, willing, and voluntary. In other words, you cannot be forced or coerced to enter into executing a surrender of your parental rights – no one can promise you anything in exchange for relinquishing your parental rights.
Local Morristown DCP&P Defense Attorneys Near Me – Free Consultations
If you are involved in guardianship litigation with DCP&P and you agree that your parental rights should be terminated so that your child can be adopted, you could avoid going to a termination of parental rights trial by entering into either an identified or general surrender of your parental rights. However, as with all aspects of DCP&P litigation, you should consult with an experienced DCP&P attorney if you are considering voluntarily relinquishing your parental rights. Our DYFS defense lawyers represent clients throughout Morris County NJ including in Dover, Denville, Parsippany, Mount Olive, and Budd Lake. Contact our offices now for a free initial consultation at (908)-356-6900.