If I sign my parental right over to my grandmother, can my child still live with me? 17 Answers as of July 08, 2013

And when I get my own place can I have her back under my custody.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
You are better off with a temporary guardiaship.
Answer Applies to: California
Replied: 10/28/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You should consider a guardianship.
Answer Applies to: Washington
Replied: 6/11/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
No. Once your rights are taken (you can sign them over, but GrandMa has to get a Judge to make it legally binding) you are forever outside the parent-child relationship.
Answer Applies to: Texas
Replied: 10/12/2011
Reza Athari & Associates, PLLC | Armand Fried
You do not want or need to sign over any rights, merely agree to temporary custody. Your agreement should spell out the conditions for when you get the child back, for example, once you are living independently in your own home. It should also make clear that you are not giving up custody, just temporary custody.
Answer Applies to: Nevada
Replied: 10/12/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You can't "sign over your rights" to anyone without a court approval. Courts rarely allow that, because if they do it is irrevocable. You need to consult a lawyer who can advise you based on the reasons for what you want to do and then identify the various options. Depending on the reasons and needs, and how long you will need the grandmother's help, there are several legal alternatives. But, as to your specific question there would appear to be no reason to give the grandmother any authority while the child is still living with you.
Answer Applies to: Colorado
Replied: 10/12/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    So long as there is not a court order terminating your custodial rights, you are the child's parent regardless of whether your child is living with you or your mother. The only way your mom would have legal rights is if the court (at your mother's or your request) asked her to serve as temporary guardian of your child. In many instances, I have seen many third party take a signed note from mother to (informal) guardian that authorizes that person to be contacted in cases of emergency, e.g. school calls your mother instead of you in an emergency. May I suggest you contact an attorney to discuss your case further. Many attorneys are agreeable to providing a free 20-30 minute consultation. I have a strong sense that there are many more facts that need to be conveyed to help you resolve this question.
    Answer Applies to: California
    Replied: 10/11/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We strongly recommend that you promptly consult with a lawyer about all the facts, and your rights and options, before you do anything else. Good luck.
    Answer Applies to: Georgia
    Replied: 10/28/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Your inquiry raises more questions than can be answered. A far more detailed review of all facts would be required. You should consult with legal counsel.
    Answer Applies to: Minnesota
    Replied: 10/11/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    That would be up to your grandmother; you should consult with counsel of your own.
    Answer Applies to: Connecticut
    Replied: 10/28/2011
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    This is a very tricky topic. Once custody is established, court's don't like to change custody without a compelling reason. You should consult an attorney to explore other options.
    Answer Applies to: Alabama
    Replied: 10/11/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Do not sign over parental rights. What you are referring to is a temporary guardianship, which is something else entirely. I strongly suggest you seek legal assistance.
    Answer Applies to: California
    Replied: 10/11/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes, if that is specifically provided for in the agreement.
    Answer Applies to: Oregon
    Replied: 10/28/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    I think what you are talking about is a guardianship issue. You are not signing over your parental rights, but instead allowing your grandmother to be the child's guardian. Whether or not your child lives with you depends on whether you live with your grandmother; otherwise, why wouldn't the child remain under your custodial care? The law gives great weight to guardians, so terminating the guardianship once you get your own place may prove difficult. A lot depends on which situation is best for your child, and how bonded the child becomes to grandmother. The bottom line is that you, as a parent, need to make a decision that is best for your child.
    Answer Applies to: California
    Replied: 10/11/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Once you relinquish your parental rights, they are forever gone!
    Answer Applies to: New Jersey
    Replied: 10/28/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    What do you mean by "sign my parental right over"?
    Answer Applies to: New York
    Replied: 7/8/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney