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Guardianship

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D

Debsledge

Guest
What is the name of your state? California

How would one go about signing over guardianship of his son to a relative while incarcerated? Can it be done simply without an attorney. Can he draw up his own agreement, then have it signed by the guardian and the judge?

thanks
 


CMSC

Senior Member
Is there another parent around to take the child? Is the person who is going to jail the sole custodian? How long will he be in jail for and is it a crime where the state could possibly be terminating his rights?
 
D

Debsledge

Guest
He has full custody. The mom is in prison, and will be out in July. The child was removed from her custody by CPS, but she will be allowed "reasonable supervised visitation" at one point.
I don't believe the state will be terminating his rights. He is facing Involuntary Manslaughter. There are other relatives wanting guardianship of the child, and it is starting to become a big fight over the kid.
 

CMSC

Senior Member
Mom and dad are both in prison and you don't THINK the state will terminate any rights? Okay. You go with that!

The child will be taken by the state and placed where suitable. If this man has an attorney he needs to be asking him these questions.
 
D

Debsledge

Guest
I know it's a possibility that the state will step in. The child's grandfather is wanting to seek temporary guardianship, and dad agrees with this. Wouldn't the state want to keep the child within his family rather than put him in foster care? I do not know how the laws in this situation work though. If the grandfather asks the judge for guardianship, will the child automatically be taken away? If that's the case, would it be better for the grandfather to not file at all? It would only be an issue with the state if the issue is raised, right? Confused.
 

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