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, 2012The 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?
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
CHANNELL LAW FIRM | WARREN T CHANNELL
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
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
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
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