Can a mother give custody of her child to a friend without legal help by doing this just between them? 13 Answers as of January 25, 2013

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Law & Mediation Office of Lorna Jaynes | Lorna Jaynes
Only by an adoption process where the friend adopts the child.
Answer Applies to: California
Replied: 1/25/2013
Hamblin Law Office | Sally Hamblin
Not really. That friend needs documents to make legal decisions for the child. You can contact Friend of Court. You may be able to write out an agreement.
Answer Applies to: Michigan
Replied: 1/23/2013
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
In order for it to be legal it must be a legal guardianship.
Answer Applies to: California
Replied: 1/23/2013
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
No. In order for the friend to be able to obtain medical help, enroll the child in school, ect, there would have to be a formal guardianship or limited guardianship. The other question would be, where is the father?
Answer Applies to: Michigan
Replied: 1/23/2013
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
No. Children are not like cars that you can sell or give away. A parent's duty to their children cannot be altered without court approval. It is a process that often requires a thorough investigation.
Answer Applies to: California
Replied: 1/23/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    Not legally. YOu must file in Family Court for an Order of the Court.
    Answer Applies to: Delaware
    Replied: 1/23/2013
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio, a mother may not "give" custody to anyone absent the approval of the court. She may sign a Grandparent Power of Attorney to a grandparent with whom a child is living to enroll the child in school, obtain school reports, obtain medical and dental care. Please see a family law attorney for more information and for preparation of a Grandparent POA if appropriate.
    Answer Applies to: Ohio
    Replied: 1/23/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    She can, but it may lead to all sorts of problems. First, if you are going to do it, the mother should give the friend a durable power of attorney giving the friend the power to make all of the decisions about the child. Those powers need to be specific. But the father can always come in and ask for the child. And the mother can change her mind at any time and ask for the child to be returned. Best practice is to have the friend be named the guardian and let the court decide if Mom or Dad should have the child returned later.
    Answer Applies to: Idaho
    Replied: 1/23/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Although there are circumstances where a parent can give a third-party authority to help care for a child, this is not the same as giving "custody."
    Answer Applies to: Arizona
    Replied: 1/23/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    She can do it but its not legal. If anyone called CPS they could take the child away and put it foster care and possibly try to terminate her parental rights. Also someone needs authority to take child to school and doctor. At least get these permissions.
    Answer Applies to: California
    Replied: 1/23/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    No. Your child is not an object to be given as a gift. Get an attorney to do this properly so that your friend has the rights to take care of your child.
    Answer Applies to: California
    Replied: 1/23/2013
    LAW OFFICE | JAMES A. GIZICKI
    In Michigan: 700.5103 Delegation of powers by parent or guardian. (1) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 6 months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward or to release of a minor ward for adoption. (2) If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and if the power of attorney so provides, a delegation under this section is effective until the thirty-first day after the end of the deployment. (3) If a guardian for a minor or legally incapacitated individual delegates any power under this section, the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact.
    Answer Applies to: Michigan
    Replied: 1/23/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    No. The friend would have no authority to enroll the child in school or consent to medical care on behalf of the child. Also, the father's rights must be considered. He is entitled to notice and an opportunity to be heard before a custody decision is made.
    Answer Applies to: Mississippi
    Replied: 1/23/2013
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