QUESTION
Can a father sign over guardianship to the grandparents without the mother's consent?
Asked on Apr 07th, 2014 on Child Custody - Rhode Island
More details to this question:
My son and his girlfriend had a baby 7 months ago. They lived with us the first month and a half, but then moved out and continually dropped the baby off with us. The baby has lived in our house all but 10 days since she was born. Since Thanksgiving, the mother has seen the baby maybe for a total of 2 days, even though she lives close by. They have since broken up. The baby continues to live with my wife and I and we provide 100% for her. My son wants to sign over guardianship to us until one of them can prove they are suitable to raise this baby. Is this possible without the mother's consent?
3 ANSWERS
Mediation Attorney serving San Jose, CA
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Law Offices of Ernest A. Cardona, PC
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The answer is no, not really, but you and your son have a couple of options. You could file for a guardianship in the Probate Division of the Superior Court and your son could consent to this, or he could file a case for custody and visitation in the Family Division and ask for sole custody, or he could ask the judge to let you join the case as grandparents and then take temporary custody that way.
Answered on Apr 08th, 2014 at 8:36 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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That's not the way to do it. File a third party custody action in which you will claim that neither parent is a fit parent (they aren't by virtue of the fact that they aren't taking care of the child. Your son can sign an affidavit in support of your petition. The court can then place the child into your legal custody and provide for child support from each parent and a visitation schedule for each parent.
Answered on Apr 08th, 2014 at 8:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If it is without the mother's consent you will have to seek and receive a court order setting up the guardianship.
Answered on Apr 08th, 2014 at 8:35 PM