Voluntary Transfer of Child Custody
Usually marriage break-ups and divorce have a direct repercussion upon child guardianship. A number of issues such as visitation rights by the other parent, and appropriate residential conditions for the child are taken under consideration.
What is a Voluntary Transfer of Child Custody?
A voluntary transfer of child custody refers to a deliberate brought about change in the guardianship rights of a parent or a guardian. This alteration is made when the custodian parent is unable to fulfill the financial responsibilities of the child and is unable to take care of the child’s needs properly.
The decision of voluntary transference of child custody rights is established formally when the guardian or family court decides that the best interest of the child are not being met suitably and hence the child is being deprived of a stable living environment.
How is a Voluntary Transfer of Child Custody Carried Out?
Requirement of Proof for Custodial Rights
A vital pre-requisite before the voluntary transfer of child custody rights is a proof given by the person receiving custodial rights that he or she can virtually take good care of the child and will be able to provide a good, stable living environment to the child.
Once the parents or guardians have made a voluntary pact about the transference of custody rights, they will have to file a petition before the court asking them to grant transference rights for the petitioner.
Getting Approval for the Statement of Custody Rights
The court will make a careful examination of the circumstances being offered to the child and his best interest. Thereafter the court will either approve or disapprove the custody rights transference request based upon the quality of the living and comfort being provided to the minor. In order for the request to gain legal establishment, the court will have to approve the statement for voluntary transference of custody rights.
Points to Consider Before Filing for Voluntary Transfer of Child Custody
Fundamental steps taken before the establishment of transference of custody rights:
- First and foremost, counsel your attorney. He will conclude whether the decision being taken is significant or not. After that, he will prepare the letter, or the request which has to be submitted to the court, but initially has to be signed by you and the recipient guardian. After the submission of that request to the court, it will carefully evaluate all the possible factors involved in and occurring after the decision has been taken.
- In case you happen to write the letter personally, one such example of writing a statement for voluntary transference of child custody would be to personally address the letter including the current date in the guardian court.
- Be elaborate about your current and changing circumstances. Inform the court that you are the current caretaker for your child, but due to certain inevitable reasons you can no longer look after or care for the child. Explain to the court, what were the compelling factors that made you arrive at this decision. For example, if you’ve become bankrupt or came under a heavy debt, elucidate that you can no longer take care of the minor’s financial needs, and likewise if you’re undergoing mental trauma, you need to clearly state that you can no longer look after the child.
- Mention the name of the person volunteering to receive custodial rights, and also state his or her relationship to you, for instance, they can be your ex-spouse, friend, or relative. Also indicate how this decision would prove fruitful for your child in the future.
- Ask the judge or the governing authorities to carefully examine all the details and to consider approval of the request.
- Lastly formally sign the letter and mention the date properly. The person willing to receive custodial rights should also sign the letter as this would indicate his readiness to gain rights for the child’s custody.
Invalidation of marriage cases that involve a child tends to become very handful and only after a careful and in-depth analysis of the situation, the court will sanction the request for the transference of custody rights. The court will re-evaluate the appeal many times and will mainly focus on the welfare of the child before the establishment of any decision. How effectively one is able to write the syntax of voluntary transference of custody rights will determine how far one has been able to persuade the court of their verdict. The pact between the parents should also conclude other modification concerning the child such as new living home or visiting rights by the other parent. Once the court is assured that the best interest of the child stays intact, it will acknowledge the request.