What if I agree with DCP&P? Identified and General Surrenders of Parental Rights

Surrender Parents Rights in NJ? What you need to know

DYFS Defense Lawyers with offices in Morristown, New Jersey

Should I surrender my parental rights NJ DCP&P Help

Parental Rights Surrender NJ

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.

From our blog be in the know

Abuse and Neglect in Single Parent Households

The statistics on children being abused and neglected by single parents do not paint a positive picture, and DCPP investigates these cases with astounding...

read more
Degrees of Crimes in Child Abuse and Neglect Cases

What Degree of Crime can You be Charged with for Child Abuse in New Jersey? New Jersey child abuse laws protect people against harm,...

read more
Leading Causes of Child Neglect, Abuse, and Mistreatment

CPS Attorneys Discuss Contributing Factors for Children Experiencing Abusive or Neglectful Behavior by Parents and Caregivers No child deserves to be abused or neglected,...

read more
Parental Mental Health Issues in DCFS Investigations

Is Mental Illness a Risk Factor for Child Abuse and Neglect in NJ? Recently, Kaiser Family Foundation, a non-profit organization, revealed that 16.4% of New...

read more

What our clients say about us

Mr. Tormey has a perfect 10.0 client rating on AVVO.com, an attorney rating service. He has also received the client's choice award for four straight years (2013, 2014, 2015, 2016). Here are some things our clients have to say about the Tormey Law Firm LLC

  • Case dismissed with Data Driven Facts

  • Excellent Attorney

  • Excellent attorney

  • Respectful. Attentive. Professional.

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Responsive and knowledgeable.

  • Travis Tormey Review

  • An Excellent lawyer!

  • Travis is a Lifesaver

  • Good Service

  • Excellent Attorney! You will not be dissapointed….

  • Excellent

Get in touch we are here. we want to help.