Can a mother give her parental rights to someone other than the father? 35 Answers as of July 02, 2013

Can a mother give her parental rights to someone other than the father?

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Snake River Law PLLC
Snake River Law PLLC | Mark Petersen
A child can be adopted which would terminate both the mother and father's parental rights. The mother would need the father's consent for the termination and adoption. However, if the father opposes the adoption and has established a normal parent child relationship with the child, then it is unlikely that a Court would terminate his rights or grant the adoption. Courts in Idaho do not terminate parental rights (with a few rare exceptions) unless there are adoptive parents for the child.
Answer Applies to: Idaho
Replied: 4/5/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
The only way any parent can terminate their own parental rights is through adoption.
Answer Applies to: Washington
Replied: 4/2/2012
Attorney & Counselor at Law
Attorney & Counselor at Law | John Hugger
Yes - but then the father may get sole parenting time and/or decision making! Consult with an attorney IMMEDIATELY!
Answer Applies to: Colorado
Replied: 4/2/2012
DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
No.
Answer Applies to: Iowa
Replied: 5/30/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Parents can't "give away" their parental rights. However, another person might be able to file and pursue legal guardianship of the child/children - but note that the other parent has rights that can't and won't be ignored.
Answer Applies to: California
Replied: 4/2/2012
    Peyton and Associates | Barbara Peyton
    She can have the person file for a guardianship. After notice to the father and a court hearing, the new person can be the guardian of your children.
    Answer Applies to: California
    Replied: 3/30/2012
    Attorney at Law | Steven E. Ferguson
    Generally a parent may relinquish rights only to facilitate the adoption of the child by another person.
    Answer Applies to: Oklahoma
    Replied: 3/30/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    I suppose that a mother can, but you should know that if a mother does not want to parent a child, the next person in line is the father. However, it may be that the having the father as the primary care giver may not be in the best interest of the child.
    Answer Applies to: New Jersey
    Replied: 3/29/2012
    Law Office of Joan M. Canavan | Joan Canavan
    It depends on the circumstances. If the mother is willing to give up her parental rights and the Court determines that the father is unfit, then a guardian may be appointed to take the children The person willing to become a guardian of the chidlren would have to file a Petition for Guardianship claiming that mother is voluntarily terminating her parental rights and that father's rights should be terminated because he is unfit. This is a difficult hurdle to overcome.
    Answer Applies to: Massachusetts
    Replied: 3/29/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No, not without a court order. I have seen this done in a Will but the parent cannot give away more rights than what they have. I would recommend the other person filing a guardianship if they are trying to accomplish this goal.
    Answer Applies to: California
    Replied: 3/29/2012
    Bruce Plesser | Bruce Plesser
    Yes. Upon notice to father and a court order.
    Answer Applies to: Florida
    Replied: 3/29/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    No. Your parental rights are not something you can just give away. You can give a child up for adoption, or you can consent to someone having a guardianship over the child, or you can have your parental rights terminated, all of which require Court approval. You can allow your child to live with someone else without Court approval, but that can present problems in regard to which school the child goes to, getting medical care, etc.
    Answer Applies to: Mississippi
    Replied: 3/29/2012
    Milek Law Firm
    Milek Law Firm | Mary Elizabeth Milek
    Parental rights are not something you can give to anyone. In fact, you can't even give them up without the approval of the court. To do so would mean that a child legally has only one parent. Generally, the only time a judge will approve such a request, is in the case of adoption, where someone else will be stepping into the role of that parent.
    Answer Applies to: Mississippi
    Replied: 3/29/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Yes, but the father must be notified and given an opportunity to be heard in court. The father needs to be a party to the case.
    Answer Applies to: Georgia
    Replied: 3/29/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    No.
    Answer Applies to: New York
    Replied: 6/2/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    No. You cannot just give away parental rights. There are also parental responsibilities. A parent can place a child for adoption with the consent of the other parent. Remember, a child is not an object that is owned, cannot be bought or sold, nor just given away.
    Answer Applies to: California
    Replied: 3/29/2012
    Pingelton Law Firm | Dan Pingelton
    It depends on too many factors for a quick answer on-line.
    Answer Applies to: Missouri
    Replied: 7/2/2013
    The Jordan Law Firm
    The Jordan Law Firm | John Paul Jordan
    Yes. In Oklahoma, a mother may give up her rights to a Minor Child. There has to be notice to the father (if known and still living) that such an action is taking place.
    Answer Applies to: Oklahoma
    Replied: 3/29/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    In any such matter a court case would be required and the father given notice and an opportunity to appear. The other party would need to be an intervenor, and he or she would have had to have had actual physical custody and care of the child for at least six months prior to the lawsuit being filed. All presumptions would be in favor of the father.
    Answer Applies to: Texas
    Replied: 3/29/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    I think you mean transfer of custody. If so it can be done with notice to the father you do not have to give up your parental rights.
    Answer Applies to: Georgia
    Replied: 3/29/2012
    Salladay Law Office | Lance Salladay
    No- not unless there is a very serious provable concern with the father that makes him unfit to parent the children.
    Answer Applies to: Idaho
    Replied: 3/29/2012
    T.K. Byrne | Timothy K. Byrne
    No.
    Answer Applies to: Mississippi
    Replied: 5/30/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    That depends on the circumstances. Certainly, if a parent intends to change custody of a child, a father who has been adjudicated would require notice of the change and could, in turn, seek custody, depending on the circumstances.
    Answer Applies to: Minnesota
    Replied: 3/29/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    A parent can sign a power of attorney, effectively giving parental rights to another person. A parent can also sign a direct consent to another person to allow that person to adopt a child. A parent cannot divest the other parent of his parental rights by signing either of those documents. If a parent wants to terminate another parent's rights, the parent must file a Petition for Termination in the juvenile court.
    Answer Applies to: Arizona
    Replied: 3/29/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Possibly, but the answer is much more complicated than your question. Each parent has their own parental rights, they are also duties and cannot be assigned without the permission of the court.
    Answer Applies to: Michigan
    Replied: 3/29/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    By power of attorney, you can give care taking responsibilities to anyone. You can't give your "responsibilities" to anyone, unless they adopt the child.
    Answer Applies to: Washington
    Replied: 3/29/2012
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