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Answered 2007-01-17 22:08:02

The biological mother and father have to voluntarily relinquish their parental rights through the procedure that is required in the state in which the custodial parent and child reside. The relinquishment of parental rights if accepted by the court is permanent and cannot be revoked. This will allow the child to be eligible for adoption and the person(s) who wish to adopt the child must have also follow the prescribed legal procedures for adoption. All parties must be represented by an attorney. In guardianship procedures the parent(s) are not required to relinquish there rights to a minor child. It does require a petition to be filed by a qualified adult to become the minor's legal guardian with the parents agreement or ordered by the court for reasons of neglect or abuse to the child. Guardianship action requires all parties to be represented by legal counsel. The decision of whether the petitioner is qualified to become the minor child's legal guardian is not elective but is one made by the presiding judge. Temporary custody (3 months or less) is also possible and in most US states does not require court procedure but does require a written agreement between the legal custodial parent or both parents and the qualified adult caregiver which includes all pertinent information concerning the care and welfare of the child in question.

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