Custody of a child that has a mother

[msmcgruff]

What is the name of your state? North Carolina
Is it legal for a father that is going to jail, to sign his parental rights over to his wife, the child's step-mother when the biological mother is alive and wanting the child in her custody? The child is in Georgia and the mother is in North Carolina

 

[BelizeBreeze]

What is the name of your state? North Carolina
Is it legal for a father that is going to jail, to sign his parental rights over to his wife, the child's step-mother when the biological mother is alive and wanting the child in her custody? The child is in Georgia and the mother is in North Carolina

No. Only the court can award custody.

Has the mother's rights been terminated?

 

[snostar]

No. Only the court can award custody.

Has the mother's rights been terminated?

I knew you'd miss an exit! ....welcome back

 

[BelizeBreeze]

I knew you'd miss an exit! ....welcome back

Get to work....

 

[BL]

Yeah WB .....

 

[nicenyguy]

he cant sign custody without mom's permission

no. mom gets custody if dad goes to jail. stepmom is a legal stranger with no rights.and anyway, dad cant sign custody over to anyone without mom's permission.

 

[BelizeBreeze]

no. mom gets custody if dad goes to jail.

Not exactly correct.

stepmom is a legal stranger with no rights

Again, not exactly correct.

.and anyway, dad cant sign custody over to anyone without mom's permission.

And finally, not exactly correct.

Now, want to wait for the answer to the question I posed?

 

[snostar]

no. mom gets custody if dad goes to jail. stepmom is a legal stranger with no rights.and anyway, dad cant sign custody over to anyone without mom's permission.

This would be incorrect if the mother rights have been terminated. We were only told that she "wants" custody.

 

[nicenyguy]

oops

i stand corrected, sorry. it didnt mention the mothers rights being terminated though. unless stepmom adopted the child, wouldnt she be a legal stranger to the child?

 

[BelizeBreeze]

i stand corrected, sorry. it didnt mention the mothers rights being terminated though. unless stepmom adopted the child, wouldnt she be a legal stranger to the child?

There is no mention of the mother's standing in this matter.

Therefore, no one can say with certainty where the child will end up. Until that question is answered, the ONLY relevant answer is that a court decides custody.

 

[MomTryin2Improv]

It's funny how issues like this can go....I have "substantially equal parenting time" and joint physical custody of my daughter, yet when her father was deployed to Iraq (without telling me) he signed a POA to his wife and when I attempted to pick her up the cops would not allow me to. That's just with a POA. And I had the court documents, the stepmom was not even MENTIONED in any of the custody documents. They STILL let her keep my daughter, and I'm STILL in a custody battle 10 months later.

Hopefully you will think of the child, and not just yourself.