QUESTION
Can a mother be currently locked up in a womans correctional facility sign over her rights to someone?
Asked on Jun 16th, 2012 on Child Custody - Oklahoma
More details to this question:
Can a mother currently locked up in a womans correctional facility sign over her rights of her son to someone who legally is not blood related? The child is currently with the bio grandmother (court ordered) who is just now in his life, her son, the childs bio father does not have anything to do with the child. There are 2 other children that the grandmother and bio father do not have anything to do with. Heres the issue, my brother was killed a year ago by a neglegent chiropractor, the child Im referring too was raised by my brother who technically is not the childs father. But again my brother raised him since birth, NOT the bio father. The said child has 2 sisters that he is kept from. These little girls are growing up without him. The mother of these children is locked up and she wants her children with me. How do I go about getting the son legally from the grandma? Can the mother sign over her rights to me since she is in prison? Will her signing over her rights to me over ride the judges order for the son to live with the grandma? When she gets out she will be living with me, he should grow up living where his mother will be living. What do I do?
2 ANSWERS
Since there is a court order for custody then that order must be changed for you to have custody. As I understand it there is a court order for custody. The simple fact the biological mother wants to change custody has no real significance. The true test for the court is what is in the child's best interests. The way to test that is to file with the Court appropriate pleadings seeking for you to have custody. Any thing less is just talk without substance as the issue if for the court do decide based upon the evidence.
Answered on Jun 27th, 2012 at 6:01 PM
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If the child is in guardianship with the biological mother that judge has the authority to change the guardian if the circumstances warrant such a change. You could file for guardianship of the two other children, and ask that you be appointed as guardian for the child currently with the grandmother. However, as a biological relative the grandmother has a preference to be appointed as guardian, while you have no greater right to be appointed than anyone else. Being able to have all three children together would be an advantage for the child now with grandmother, but that alone may not be enough to change the existing guardianship with grandmother. You would probably need a lawyer to help you with this situation.
Answered on Jun 27th, 2012 at 4:17 PM