How can a parent who is in jail sign over custody to someone else without a court hearing? 14 Answers as of July 03, 2013

How can a parent who is in jail sign over custody to someone else without a court hearing or without the birth mother knowing?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
It appears a third party custody action will need to be started from your question.
Answer Applies to: Washington
Replied: 8/5/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
Legally, you can't.
Answer Applies to: Connecticut
Replied: 7/20/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We are family lawyers and child custody attorneys in Augusta, Georgia. You did not provide sufficient facts. We recommend you consult with a divorce/family law lawyer in your area and discuss all the facts and your rights and options. Good luck.
Answer Applies to: Georgia
Replied: 7/15/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Legally, they can't.
Answer Applies to: Illinois
Replied: 7/15/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
This would depend on how the person has custody and what type of custody they have.
Answer Applies to: Florida
Replied: 7/15/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    By a delegation of parental authority. It's good for up to 6 months. You can do another at the end of 6 months if necessary.
    Answer Applies to: Oregon
    Replied: 7/15/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    There is probably is no way to accomplish what you want. The reality is that a biological parent is going to have rights to the child that are superior to that of a third party until such time as a court finds that parent unfit or until that parent's rights to the child have been terminated by the court. Further, most any change of "custody" to be enforceable is going to have to be approved by the court. Even if you could do what you are asking, it might not be a good idea. Imagine how the court and how the bio-mom are going to react when they find out that you have, essentially, hidden the child from them and interfered with the mother's rights. I imagine that such a fight would get pretty ugly pretty fast, and that you could well loose custody to the child.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    This can not be done without the birth mother knowing. To give custody to a third party there must be notice to the birth parents.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Anyone can consent to anything if done properly.
    Answer Applies to: Florida
    Replied: 7/3/2013
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    My best guess is that you are alluding to a grandparent power of attorney. The Grandparent POA is meant to be a temporary solution, and only allows the grandparent to assume the powers of the parent conveying the power of attorney. It is designed to permit a grandparent to take a child to a doctor or perhaqps on a short trip. The transfer you described is pemitted if nobody challenges it. Please seek counsel from a domestic relations attorney near you for more information.
    Answer Applies to: Ohio
    Replied: 7/14/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    They can sign a Guardianship. However, that Guardianship would likely be ineffective against the other biological parent should that parent elect to take custody.
    Answer Applies to: Minnesota
    Replied: 7/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Custody is never changed without a court order. Since you have omitted actual facts, there is no way to answer you.
    Answer Applies to: Georgia
    Replied: 7/14/2011
    Wolverine Law | Stuart Collis
    He/she cannot. The only way a parent can lose their rights is through a termination of parental rights hearing or adoption.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The only thing that a confined parent can do without a court hearing and notice to the other parent is to execute a power of attorney delegating parental authority to some third person. That will permit such things as consenting to medical care, but is not "signing over custody" and is not binding on the other parent if/when she learns of the situation. If there is no court order determining your custody and parenting rights, anything you do is not binding on the mother and you may not even have the legal authority to execute the power of attorney.
    Answer Applies to: Colorado
    Replied: 7/14/2011
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