QUESTION
How can a parent who is in jail sign over custody to someone else without a court hearing?
Asked on Jul 12th, 2011 on Child Custody - Colorado
More details to this question:
How can a parent who is in jail sign over custody to someone else without a court hearing or without the birth mother knowing?
11 ANSWERS
William Guy Pontrello
Anyone can consent to anything if done properly.
Answered on Jul 03rd, 2013 at 10:45 PM
Family Law Attorney serving Everett, WA
at
Burkhalter Law PLLC
Update Your Profile
It appears a third party custody action will need to be started from your question.
Answered on Aug 05th, 2011 at 6:27 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
This would depend on how the person has custody and what type of custody they have.
Answered on Jul 15th, 2011 at 11:28 AM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
By a delegation of parental authority. It's good for up to 6 months. You can do another at the end of 6 months if necessary.
Answered on Jul 15th, 2011 at 11:21 AM
There is probably is no way to accomplish what you want. The reality is that a biological parent is going to have rights to the child that are superior to that of a third party until such time as a court finds that parent unfit or until that parent's rights to the child have been terminated by the court. Further, most any change of "custody" to be enforceable is going to have to be approved by the court. Even if you could do what you are asking, it might not be a good idea. Imagine how the court and how the bio-mom are going to react when they find out that you have, essentially, hidden the child from them and interfered with the mother's rights. I imagine that such a fight would get pretty ugly pretty fast, and that you could well loose custody to the child.
Answered on Jul 15th, 2011 at 11:02 AM
Roianne Houlton Conner
This can not be done without the birth mother knowing. To give custody to a third party there must be notice to the birth parents.
Answered on Jul 15th, 2011 at 10:16 AM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
My best guess is that you are alluding to a grandparent power of attorney. The Grandparent POA is meant to be a temporary solution, and only allows the grandparent to assume the powers of the parent conveying the power of attorney. It is designed to permit a grandparent to take a child to a doctor or perhaqps on a short trip. The transfer you described is pemitted if nobody challenges it. Please seek counsel from a domestic relations attorney near you for more information.
Answered on Jul 14th, 2011 at 1:54 PM
Collections Attorney serving Ypsilanti, MI
at
Collis & Griffor, PC
Update Your Profile
He/she cannot. The only way a parent can lose their rights is through a termination of parental rights hearing or adoption.
Answered on Jul 14th, 2011 at 1:16 PM
Glen Edward Ashman
Custody is never changed without a court order. Since you have omitted actual facts, there is no way to answer you.
Answered on Jul 14th, 2011 at 1:16 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
The only thing that a confined parent can do without a court hearing and notice to the other parent is to execute a power of attorney delegating parental authority to some third person. That will permit such things as consenting to medical care, but is not "signing over custody" and is not binding on the other parent if/when she learns of the situation. If there is no court order determining your custody and parenting rights, anything you do is not binding on the mother and you may not even have the legal authority to execute the power of attorney.
Answered on Jul 14th, 2011 at 1:15 PM