This is a question that all parents want to know when their children have been taken away. They say to you that you still have “Parental Rights” but they can’t seem to answer what those rights are. Maybe they will tell you that you have the right to an attorney, or you have the right to represent yourself. But never the real or complete answer.
So, here it is….the real answer.
When you have your children at home and your children have not been put into the states care (custody), you have ALL your rights,
GO HERE to see what your constitutional rights are and what you will have taken away from you when the state takes custody of your child away from you and gives it to someone else such as the Child Protective Service.
When you enter court the very first time, all of those rights are still in effect. The problem is, the child protection agency is now going to try to get the court to assign THEM with the guardianship of your children (custody) and thereby take away MOST of your rights. That is why it is important to show this court that your child was NOT suffering from any severe harm or neglect and that there was not any imminent danger coming up the first time you enter that court.
If they succeed to convince the court, you still have what is called “Residual Parental Rights“.
Federal law states what those rights are. Please note that there are “Rights” and “Responsibilities”
Residual parental rights, privileges, and responsibilities are those rights, privileges, and responsibilities remaining with a natural parent after the transfer of legal custody of a child. The term includes the privilege of reasonable visitation, consent to adoption, the privilege to determine a child’s religious affiliation, and the responsibility for support.
Did you notice “the privilege to determine a child’s religious affiliation”? That is right. AND you have the right to say NO to inoculations to your child while in the “protection” and custody of the child protection agency.
The residual parental rights of a parent can be terminated by a court by separate petition. A court can terminate residual parental rights of one parent without affecting the rights of the other parent. An order terminating residual parental rights must be accompanied by an order continuing or granting custody to a local board of social services, to a licensed child-placing agency or the granting of custody or guardianship to a relative or other interested individual.
This is why after your child has been taken away and put into state custody, that you have to pay child support to them. It is still your responsibility to support your child.
Read THIS Appeals court decision on the responsibility to pay child support after your parental rights have been taken away.
If the state has been able to stretch your case out so that they are getting ready to terminate your “Residual Parental rights”, then you may want to express your last bit of rights and terminate your own rights and say who you want your child to be adopted to. Sometimes they will try and get you to fill out THEIR form for “Consent to Adopt” but you will not get to choose who you want your child to be adopted to. Don’t be fooled!
CLICK HERE for more information on how to let your friend or relative adopt your child while you still have your parental rights intact.