QUESTION
How does an unwed mother give temporary custody to an out of state father?
Asked on Jan 13th, 2014 on Child Custody - Texas
6 ANSWERS
If the father is on the birth certificate go to mediation and have an agreement for custody agreed to and signed by the parties.
Answered on Jan 16th, 2014 at 6:44 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Custody is not at issue. You should file a petition to establish parentage (if he isn't on the birth certificate) or a petition to establish a parenting plan if he is. The parenting plan can then have the child live the majority of time with the father with designated times when the child will be with the mother (e.g. over vacations etc.). You will also have to pay child support as he should have been doing all along. You can have either sole or joint decision making depending on what works.
Answered on Jan 16th, 2014 at 6:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an order of the Court reflecting the agreement and its terms before allowing the child out of state.
Answered on Jan 16th, 2014 at 6:32 PM
In Utah, a parent can sign a delegation of parental rights (a special power of attorney) which will give the father (or any other individual) rights to care for the child and to act as a guardian for a period of up to 6 months. Additional delegations can be filed in the future. The father may want to file an acknowledgement of parentage and an agreement to support the child with the appropriate state agency, along with filing an action to determine parentage and to establish an order of custody and support as soon as practical to prevent the mother from changing her mind and rescinding the power of attorney and taking the child back. If the mother wants to keep her options open, she would want to limit the time period in the delegation of parental rights or simply deliver the child to the father. That way, it would be up to the father to file to protect his rights. If he does nothing, then she would have the right to change her mind in the future and ask for the return of the child in the future.
Answered on Jan 16th, 2014 at 6:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Let dad pick him up. If he is the bio father, he has the right to custody just like mom.
Answered on Jan 16th, 2014 at 6:26 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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File a motion or petition in the court of continuing jurisdiction or if there is none then file in the county of the child's present residence and have the Judge sign an agreed order.
Answered on Jan 15th, 2014 at 5:16 PM