Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
What can I do to avoid the state of Kansas taking my unborn child away from me at birth? I have relinquished my rights to 2 children and also have had my rights to two other children terminated in Kansas. I am now pregnant with another baby in Kansas but was going to give my rights to the father of my baby. How can I do this?
This child will probably be treated as a separate case from the others. The right to parent your own child is considered a fundamental right, and the parents are presumed to be fit parents unless they are proven to be unfit. Depending on the circumstances, the state would have to prove that you are not a fit parent for this child. The evidence from your previous children’s situations may be used, but you can always counter that evidence with evidence that your circumstances have changed.
The father of your baby has his own parental rights. You do not need to “give†your rights to him in order for him to be able to exercise those rights. He, too, is presumed to be a fit parent until the state proves otherwise. If you want him to be the primary carer for this child, you can develop a custody plan that establishes this. His rights may automatically establish if his name is on the birth certificate, depending on your jurisdiction, and if you and he sign a legal acknowledgment of paternity, or if he can prove to a court that he is the biological father.
A local family law attorney will be able to advise you as to the likelihood of you parental rights being taken away, as well as provide advice on how to prevent that from occurring. A family law attorney can also help you and the child’s father develop a parenting plan that will allow you to retain your rights, while he becomes the primary carer for your child.
