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Does a parent lose rights to their children if a legal guardian is appointed?
Wiki User
∙ 12y ago
No. Even if the parent holds full legal and custodial rights he or she cannot change guardianship of the minor child without the other biological parent being informed and given the opportunity to file suit to stop the action.
When one wishes to transfer parental rights permanently he or she must do so using the prescribed court procedures as designated by the laws of the state where the parent and child holds residence.
Likewise, when a parent wishes to have temporary custody of their child granted to another party (related or not) he or she must notify the non custodial parent and give that person the opportunity to accept the responsibility. Temporary custody is generally defined as 3 months or less and the parent must keep in contact with the custodial person(s) and the child if the child is old enough to participate.
Contact is defined by the laws of the state with custodial jurisdiction, (phone calls, visits, emails, written correspondence).
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoYes. The parent loses any right to make decisions for the child or to administer any property belonging to the child. They may also lose physical custody. The parent can request a visitation schedule if necessary. You should consult an attorney who can review the situation and explain the type of guardianship and its consequences under the laws in your jurisdiction.
Wiki User
∙ 16y agoNo! I am a child of divorced parents and that can not be done. trust me i know! I am 16 years old!
Wiki User
∙ 12y agoYes. That parent is no longer a custodial parent if someone else has guardianship.
Wiki User
∙ 12y agoNo they can not and a minor can not decide who to live with.
Wiki User
∙ 12y agoNo they can not.
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What is the difference of Parental or custodial rights?
A guardian must be appointed by the court pursuant to a petition for guardianship and has the legal authority to care for another individual's person and/or property. In the case of minors, a guardian is someone other than a parent. In the case of an adult, a parent can be appointed as their guardian.Custody, in this sense, refers to the care and control of a child awarded by the court usually to one or both parents. The parent who is awarded custody of a child is not referred to as their guardian.
In the state of Wisconsin do step parents have rights to step children if the custodial parents have fifty fifty custody and placement?
A step parent does have some rights, but they are extremely limited. In Wisconsin, step parents do have rights regarding day to day care, BUT their rights are subject to the wishes of the biological parent that they are married to. As regards parental rights, a step parent is not considered a parent, but a legal guardian. In all major decisions (custody) or major events, a step parent does NOT have rights, nor can they contest a parent's rights in court unless they can prove a danger to the child would occur. In fact, a step parent who interfears with a biological parent's rights in any way can be held in Contempt for doing so. In ALL matters regarding the children, the rights of the step parent is ALWAYS trumped by either biological parent, unless a judge interseeds. In joint custody arrangements, both parents have equal rights, no one parent is above the other, no matter who has the children more, and a step parent cannot be a tie-breaker unless both parents agree. Only a judge, federal law, or state law can overrule or remove a biological parent's rights. The bottom line is the rights of a step parent in Wisconsin are VERY limited and are always subject to the biological parents.
Does the step parent have guardianship of step children after marriage?
Unfortunately they don't, even when you are married. If the other parent has died, then you can apply to be guardian of the children, where you would then get rights. Or if the other parent couldn't look after then children, the same could happen.
What is the legal rights of a step parent in Wisconsin when it comes to kids schooling?
Step-parents have no "legal rights" regarding their step children unless they have been legally adopted.
Can an minor go to court without an parent?
Yes, a child has the same rights under the constitution as an adult has, and if questioned in regards to a criminal investigation the Miranda rights must be read and the child can request a lawyer and remain silent.
What are Children's rights?
children's rights are the human rights of children :D.The statement above doesn't make sense to me.But i think children have the right to do anything as long as it is legal, allowed by a parent or guardian and allowed for their age.For Example they can go on social networking sites underage if the parent or guardian lets them.
What are children right?
children's rights are the human rights of children :D.The statement above doesn't make sense to me.But i think children have the right to do anything as long as it is legal, allowed by a parent or guardian and allowed for their age.For Example they can go on social networking sites underage if the parent or guardian lets them.
Can a step parent sign legal documents for a minor?
No. If the document calls for a parent or guardian it must be a parent or guardian. Unless the step parent has adopted the child or otherwise been awarded parental rights by the courts the legal parent must perform all legal functions
What is a surrogate parenting?
A surrogate parent is an individual appointed by the local or state agency to act in place of a parent or legal guardian in safeguarding a child's rights in the decision making process.
Can you share joint custody with a family member?
No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.
Is it possibe to contact a parent with no parental rights?
Yes, if your guardian/parent agree to it and the parent wants to be contacted.
What is the difference of Parental or custodial rights?
A guardian must be appointed by the court pursuant to a petition for guardianship and has the legal authority to care for another individual's person and/or property. In the case of minors, a guardian is someone other than a parent. In the case of an adult, a parent can be appointed as their guardian.Custody, in this sense, refers to the care and control of a child awarded by the court usually to one or both parents. The parent who is awarded custody of a child is not referred to as their guardian.
If two adoptive parents die who gets legal rights to a child?
Parents of minor children should always have a will that names a guardian for their children. The guardianship must be approved by the court and the court will appoint the named guardian unless there are reasonable objections to that appointment. If no guardian was named in a will a family member willing to take the responsibility can petition to be appointed the guardian.
How do you sign parental rights over to your sons mother?
Go to the court house should be the cicurit clerks office and take the mother to court for child support if you are the one who has the child.they should be able to give you the right forms. the mother has to be willing to sign her rights away.
As a step parent do you have any rights to an unadopted child?
As a step parent you do not have rights to your partners children unless you adopt them.
What if the deceased parent is not remarried but divorced with children over 21 what rights does the children have to personal property?
Why should adult children have any rights to the personal gains of a parent, unless they worked to add to them?
In the state of Wisconsin do step parents have rights to step children if the custodial parents have fifty fifty custody and placement?
A step parent does have some rights, but they are extremely limited. In Wisconsin, step parents do have rights regarding day to day care, BUT their rights are subject to the wishes of the biological parent that they are married to. As regards parental rights, a step parent is not considered a parent, but a legal guardian. In all major decisions (custody) or major events, a step parent does NOT have rights, nor can they contest a parent's rights in court unless they can prove a danger to the child would occur. In fact, a step parent who interfears with a biological parent's rights in any way can be held in Contempt for doing so. In ALL matters regarding the children, the rights of the step parent is ALWAYS trumped by either biological parent, unless a judge interseeds. In joint custody arrangements, both parents have equal rights, no one parent is above the other, no matter who has the children more, and a step parent cannot be a tie-breaker unless both parents agree. Only a judge, federal law, or state law can overrule or remove a biological parent's rights. The bottom line is the rights of a step parent in Wisconsin are VERY limited and are always subject to the biological parents.
