QUESTION
Is a notarized agreement about a mother signing her rights over to me binding? If not, what can I do?
Asked on Aug 30th, 2013 on Family Law - Rhode Island
More details to this question:
I have been raising a child for the past 3 years. The mother is willing to sign over her rights to me. The mother has full custody and the father is in prison for being a convicted felon and he has no rights to the child. The mother and I plan to sign an agreement to sign over her rights to me and have it notarized.
3 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, the rights of both parents need to be terminated and the child adopted.
Answered on Sep 10th, 2013 at 4:18 PM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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Only a court can terminate parental rights and alter support obligations.
Answered on Sep 10th, 2013 at 4:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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And that piece of paper is worth as much as the paper costs. No, a notarized agreement is not binding. Unless a court gives you guardianship, she can come in at any time and take the child. And how do you know father has no rights. Unless she has given you a copy of a court order taking his rights, then he probably still has them - he just can't exercise them because he is in jail.
Answered on Sep 10th, 2013 at 4:18 PM