Will a judge grant someone who claims PTSD, has a history of abuse and who has stated numerous times that he wants to give up his rights as a parent, joint custody?

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Will a judge grant someone who claims PTSD, has a history of abuse and who has stated numerous times that he wants to give up his rights as a parent, joint custody?

Asked on October 25, 2012 under Family Law, Hawaii

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Courts don't giving up parental rights too lightly. There really has to be good reason and it has to be more beneficial for the child. So, if this is evidence you will be using for this, then it is helpful.  However, do not assume it will be granted. Keep in mind that some of these issues will be delved into deeper, like the abuse part.  Has there been a restraining order? Or was child protective services involved? These are going to be issues raised by the court during the process.


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