If the father of my granddaughter asked to give me his rights is it a simple filing of papers through probate? 14 Answers as of October 24, 2012

The father of my granddaughter has asked to give me his rights. My daughter and my granddaughter live with me. Can this be a simple filing of papers through probate because the father will sign whatever is necessary to fulfill this event?

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Victor Varga | Victor Varga
No...probate is for handling a deceased person's estate. You'd have to file for custody or adoption, and the mother would either have to consent, or she can contest it.
Answer Applies to: Maryland
Replied: 10/24/2012
Law Office of Melvin Franke | Melvin Franke
No, you need to file for guardianship if the mother cannot take care of the child and he wont He cannot terminate his parental rights.
Answer Applies to: Missouri
Replied: 10/23/2012
Troy & Rosenberg, PC | Cathryn Ruckle
No. The father cannot give away his rights to another person, with the exception of a situation in which the mother had remarried and the step-father wanted to adopt. I would be curious to know what the father's motivation is; is he just trying to get out of paying child support? That wouldn't work, unless the child were adopted by someone else.
Answer Applies to: Oregon
Replied: 10/19/2012
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Papers must be filed in court, and a court order obtained. A lawyer in this matter will be worth his weight in gold. Hire one.
Answer Applies to: Alabama
Replied: 10/19/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You need to see an attorney, generally if the father gives up his rights the mother will have full control of the child. See and attorney if you wish to create a different relationship.
Answer Applies to: Michigan
Replied: 10/19/2012
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    A father cannot relinquish his parental rights, and the mother retain hers, unless the mother is married, and her husband adopts the child.
    Answer Applies to: Ohio
    Replied: 10/18/2012
    He can only terminate his parental rights if someone else assumes them, i.e., adoption. That would terminate your daughter's rights as well. Consult an attorney in your area to review your particular situation in detail.
    Answer Applies to: Florida
    Replied: 10/18/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    You need an application of relinquishment, and you need to file a termination of parental rights case in family court.
    Answer Applies to: Texas
    Replied: 10/18/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    A parent cannot simply "give away parental rights". Without knowing more about why you believe anything is necessary it isn't possible to adequately advise you, but there is nothing you can do through a simple filing of papers through probate.
    Answer Applies to: Colorado
    Replied: 10/18/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    He can't give you his rights.
    Answer Applies to: Michigan
    Replied: 10/18/2012
    John Russo | John Russo
    First he can't sign over his rights, The only thing you can try is to petition the family court, or the probate court for a legal guardianship, they may or they may not depending on the facts. Also he will still be liable for support, and no you can't waive that, you can say he pays if you want, but don't ever try and apply for any type of state aid for this child because, you may get it ,but the state will go after him for reimbursement.
    Answer Applies to: Rhode Island
    Replied: 10/18/2012
    Hamblin Law Office | Sally Hamblin
    It is not that simple. A petition must be filed. The judge must question the father and make a decision. Good luck.
    Answer Applies to: Michigan
    Replied: 10/18/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You have to file a motion in the family law court terminating his parental rights. Or, you can file a guardianship. If he agrees, then obtaining a guardianship should be a simple process.
    Answer Applies to: California
    Replied: 10/17/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    The parent cannot voluntarily terminate his rights. However, he can voluntarily give you guardianship over the minor if the other parent is not contesting. Check with your local family law court as many offer a free guardianship clinic and will provide you with all the paperwork and instructions for filing.
    Answer Applies to: California
    Replied: 10/17/2012
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