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Answered 2006-12-12 19:07:56

No. A person cannot lose their parental rights to a child unless they file a voluntary relinquishment of parental rights petition and it is accepted by the court or the court permanently terminates parental rights due to abuse, neglect or some other applicable issue.

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Can the unwed incarcerated father assign his custody rights to his child to his mother?

AnswerNo. Only a court can grant custody rights or guardianship rights. The inmate cannot assign his parental rights to his own mother.


Can a mother give the grandmother guardianship without the child's father's consent?

Not if he has been to court for his parental rights. He is the first one in line for guardianship, not other relatives.


What rights do parents have when youth are in foster care?

My Aunt has guardianship over my son what rights do I have even though my son is in her care and also what rights do i have as being his mother?


Do you have any rights for custody if mother is missing and DNA test is negative?

You could file a child in need of care motion to obtain guardianship.


What rights do parents have in temporary guardianship?

Probate courts have jurisdiction over the appointment and supervision of Temporary guardianship may be granted to a person having physical ... guardianship of a minor does not permanently terminate the parental rights of the parents.


Can a mom relinguish her right to grandparents?

She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.


Could you give parental rights of your child to your mother and father?

The grandparents must petition the court for a guardianship and both parents must consent.The grandparents must petition the court for a guardianship and both parents must consent.The grandparents must petition the court for a guardianship and both parents must consent.The grandparents must petition the court for a guardianship and both parents must consent.


Do you need consent from both parents to get guardianship of a minor?

The person seeking guardianship must petition the court with reason and evidentiary documents as to why guardianship is necessary and why they are qualified to be appointed the legal guardian of the minor in question. Both biological parents must voluntarily relinquish their parental rights and agree to the guardianship or the court must terminate parental rights of both or of the parent who does not wish to give up his or her rights to their child.


Can a Grandparent get custody or guardianship of grandchild?

Yes, a grandparent, or another relative, can apply for guardianship if the parents' rights have been terminated or with the consent of the parents.


How do you revoke guardianship what rights do parents have if they gave guardianship to the grandparents?

Legal guardianship can only be revoked by the court that awarded the decree or in some states a higher court or it can be relinquished by the guardian(s) through prescribed legal procedure. The rights that biological parents have regarding their children (such as visitation, support, etc.) will be stipulated in the final guardianship order from the court. Courts prefer that parents remain active in the child's life, but if there are no specific terms in the guardianship order for visitation rights and other issues, it is assumed that the guardians can "set the rules".


What rights does a father have if there is no court order but he pays monthly and the mother has custody and guardianship?

As many rights as the mother wishes to allow until the father protects himself with court ordered visitation and decision making rights. In some states, the father may have certain intrinsic rights, but you would need to provide where you reside and the state (or country if outside the USA) where the child legally resides.


How do you gain guardianship of a child if both mother and father consent to sign over rights?

You go to the courts or an attorney, and file for legal gardian of the child, with the mother and father's written permision. Then, you become the gardian. Or foster the child then adopt.


Can you get back your parental rights after you signed your kids over to your mother... if you have been in the house with them and been the one paying for everything.?

You paying for everything is how it should be, giving up parental rights does not mean you don't pay child support. If you want the rights back you have to go to court. It's very rare they give it back after a parent signed them away willingly though. They might not be sure you wont do it again.Another PerspectiveIf you consented to a petition for temporary guardianship with your mother as guardian you can return to that court and with your mother's consent terminate the guardianship. The petition for termination will be reviewed by the court and the court will investigate further if the judge wants to know more about the situation. If your mother does not want to consent you can still petition for a termination of the guardianship and the court will schedule a hearing and investigate further if necessary.If your mother doesn't want to relinquish her guardianship you should consult with an attorney who can review the situation and explain your options.


Can a mother sign her rights over to the grandmother even if the father has rights to?

She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.


If a child has lived with one parent for 17 years and then comes to live with the other parent who has legal guardianship?

Well.... The person who has legal guardianship is the person who has LEGAL guardianship. If the mother has custody, no matter where that child moves (untill their 17th or 18th birthdate dependant on the state), the mother will always have custody. The only way to change it is through the courts. * If a custodial order has not been issued by the court that stipulates otherwise, both biological parents have equal custodial rights.


If both parents sign over temporary custody to a grandparent can the parent who has physical custody terminate the guardianship and take the child back?

It depends on the State the parent and child reside in, the State the temporary legal guardianship was signed in, and weather or not a judge was involved. Usually a temporary guardianship is revocable by either of the natural parents, either by having a revocation notarized or by simply writing on their copy of the temporary guardianship form that such guardianship is being revoked with a signature and date of revocation. This is then presented to the temporary guardian and the child is turned straight over to the natural parent who now wishes guardianship returned to them. The temporary guardian can fight the issue and get the courts involved, but the vast majority of time things go the parents way in these regards. Again, it all goes back to circumstance and especially the State where this is all taking place. I would suggest googling "temporary guardianship rights", or see if you can look up the specific legal codes on guardianship in your state.


How does a person holding reserved rights in property extinguish their rights or interest?

A person who reserved any rights in a property can release those rights by recording a release in the land records that specifically mentions the rights being released and the document where they were reserved. This release should be signed and notarized.A person who reserved any rights in a property can release those rights by recording a release in the land records that specifically mentions the rights being released and the document where they were reserved. This release should be signed and notarized.A person who reserved any rights in a property can release those rights by recording a release in the land records that specifically mentions the rights being released and the document where they were reserved. This release should be signed and notarized.A person who reserved any rights in a property can release those rights by recording a release in the land records that specifically mentions the rights being released and the document where they were reserved. This release should be signed and notarized.


Can father gain full custody if mother gives up parental rights to her parents?

The mother cannot simply give her parental rights to her parents. There must be a request for guardianship filed with the court. The court will notify the father of the hearing and he will have the opportunity to object and request custody. The court will make a decision that is in the best interest of the child.


You have guardianship aunt uncle canwe seek child support from the mother and grandmother?

we were given guardianship of our two nephews by their parents the father is in prison and the mother doesnt work however her mother wants visitation now that we have moved back into the same state, we receive no financial assitance from the parents or grandparents or the welfare. can we seek child support from the mother and grandmother who now want visitation rights and are taking us to court but have helped in no way with their living expenses in the last 2 years.


Is it possible for a parent get their rights back after signing a child over?

The answer depends on the details. If the parents rights were terminated so the child could be adopted, no. If the parent(s) consented to a guardianship, a petition to terminate the guardianship could be filed in the same court. You should consult with an attorney who can review your situation and explain your options.The answer depends on the details. If the parents rights were terminated so the child could be adopted, no. If the parent(s) consented to a guardianship, a petition to terminate the guardianship could be filed in the same court. You should consult with an attorney who can review your situation and explain your options.The answer depends on the details. If the parents rights were terminated so the child could be adopted, no. If the parent(s) consented to a guardianship, a petition to terminate the guardianship could be filed in the same court. You should consult with an attorney who can review your situation and explain your options.The answer depends on the details. If the parents rights were terminated so the child could be adopted, no. If the parent(s) consented to a guardianship, a petition to terminate the guardianship could be filed in the same court. You should consult with an attorney who can review your situation and explain your options.


How can a grandparent get custody or guardianship of their grandchild prior to birth or right after birth?

No one can gain custody prior to birth. An unmarried mother has sole custody of her child until the father establishes his paternity in court. Grandparents cannot take the child. The parents have to consent to a guardianship, or, their rights have to be taken from them by the court if they are determined to be unfit.


Can you Sign over your parental rights to a friend in Washington Sate with out going to court?

No, only guardianship.


Indiana parental visitation rights for children under guardianship?

none without court order


Can a father relinquish parental rights by notarized document in Michigan?

Absolutely, Not has to be through a court of law.


Can you have the father of your son sign a paper and have it notarized relinquishing his rights as a parent?

No, it have to go through the court.