transfer of guardianship

[Zigner]

No, he is insisting that dad does not need to go to court. That dad would have the right to take the child regardless of any court orders giving grandma guardianship or custody. If that is not the message he intended to convey, then perhaps he should change his wording a bit.

There is no need to reword it - but there is a need for you to reread it. JAL is clear that his posts are related to their being no court orders in place at all, and that if there are court orders in place, then the matter would revolve around those orders. It was you who stated that if there are no court orders then dad can't simply go to get his child, and you are wrong.

 

[LdiJ]

There is no need to reword it - but there is a need for you to reread it. JAL is clear that his posts are related to their being no court orders in place at all, and that if there are court orders in place, then the matter would revolve around those orders. It was you who stated that if there are no court orders then dad can't simply go to get his child, and you are wrong.

He was talking about court orders between mom and dad. Not grandma's guardianship order. He made that clear.

While the mother could grant you guardianship at the moment, once the father is released he has every right to seek custody if he doesn’t already have at least joint custody or simply pick up his child if he does. A legal parent does have priority over a grandparent regarding custody of a child.

No, not correct. She cannot give away his rights and a legal parents rights are superior to any other

If you would read the entire thread I stated op can obtain guardianship BUT when the father is released it’s a new ball game. Depending on all the facts the father may be able to drive to grandmas and pick up the child regardless what the mother has granted.

Its very clear that he believes that the father could, even with grandma having legal guardianship, simply come and pick up the child from grandma.

 

[HRZ]

OP .you neglected to post if parents were married or there is any official determination that dad is dad with rights never extinguished.....some here might have better suggestions given more facts...( not me)

OP just as a lay suggestion ..I sure would dig into my legal options with counsel pretty darn soon.


IF dad gets released possibly reunites with your daughter , and somebody does a grab and run your practical problems to provide what you think is in child's best interests ...may,just have hit a big deep mudpuddle

 

[Zigner]

He was talking about court orders between mom and dad. Not grandma's guardianship order. He made that clear.







Its very clear that he believes that the father could, even with grandma having legal guardianship, simply come and pick up the child from grandma.

It is very clear that your incorrect belief is blocking your ability to go back and read/comprehend what was posted. You won't admit you're wrong.

 

[not2cleverRed]

It depends, in part, on whether OP's daughter chose a father that gives a hoot about his kid.

"Didn't take to motherhood" sounds euphemistic for something I'd rather not contemplate. Mom was compatible enough with Dad to procreate - if he's not interested in fatherhood, there may be no problem.

On the other hand, if he's very interested in being a father, when he gets out of prison he can pursue custody.

 

[justalayman]

Jal...I am sorry but you are completely wrong. A unwed mother has sole legal and physical custody until a court says otherwise. There are a handful of states that give unwed fathers equal rights but Texas is not one of them.

Grandma's guardianship or custody would be superior to dad's rights if that guardianship or custody were ordered by a court. Dad would have the right to challenge that in court, but the fact that he would have rights would not make those court orders go away.

You have no idea the current situation. You have no idea if dad is officially dad on the birth certificate, or not. If dad is dad on the birth certificate and unless he is legally precluded from having the child, the mother cannot remove his rights to having the child. While mom may give her permission for grandma to be guardian, dad still overrules that until a court says otherwise.

And where did you see anything about op going to court for mother to allow for grandma to be guardian?


You are a bit lost in your way. For some reason you think an officially recognized father’s rights can be given away by the mother of the child. She can’t.

 

[LdiJ]

You have no idea the current situation. You have no idea if dad is officially dad on the birth certificate, or not. If dad is dad on the birth certificate and unless he is legally precluded from having the child, the mother cannot remove his rights to having the child. While mom may give her permission for grandma to be guardian, dad still overrules that until a court says otherwise.

And where did you see anything about op going to court for mother to allow for grandma to be guardian?


You are a bit lost in your way. For some reason you think an officially recognized father’s rights can be given away by the mother of the child. She can’t.

A guardianship does not exist unless signed off on by a court. Otherwise, its not a legal guardianship, its just a worthless piece of paper. Mom could give a POA to grandma without it having to be signed off on by a court but anything else requires court involvement. Therefore if grandma is planning on getting guardianship she is planning on going to court, or should be planning on going to court.

It doesn't matter whether dad is legal dad or not. If a court has signed off on a legal guardianship for grandma, dad cannot revoke it without going to court. A judge will not deny grandma the guardianship because dad is not in a position to take physical custody of the child at this time, and mom does not want it.

 

[Ohiogal]

Grandparents NEED TO SERVE DA if paternity is established -- or ANY KNOWN PUTATIVE FATHER AND JOHN DOE IF PATERNITY IS NOT ESTABLISHED. If that doesn't happen, guardianship would not legally happen. And when dad is served he gets to fight for his child, including have his child raised by HIS FAMILY until he gets out of prison. I can continue but the fact remains mom can't just give guardianship to grandparents WITHOUT DAD knowing. Unless mom and grandparents want to lie and say they don't know anything about dad.

 

[Ohiogal]

A guardianship does not exist unless signed off on by a court. Otherwise, its not a legal guardianship, its just a worthless piece of paper. Mom could give a POA to grandma without it having to be signed off on by a court but anything else requires court involvement. Therefore if grandma is planning on getting guardianship she is planning on going to court, or should be planning on going to court.

It doesn't matter whether dad is legal dad or not. If a court has signed off on a legal guardianship for grandma, dad cannot revoke it without going to court. A judge will not deny grandma the guardianship because dad is not in a position to take physical custody of the child at this time, and mom does not want it.

You are wrong. Dad's family can counter petition for guardianship and it is possible they could be awarded it -- which does not guarantee that this grandparent will get it. You seem to be forgetting that dad has family as well. Mom doesn't get to just dictate and let her father or mother take over because she wants that.

 

[justalayman]

Ldij, read this;

http://www.familylawselfhelpcenter.org/self-help/guardianship/filing-for-guardianship-over-a-child/the-mother-and-the-father-will-both-consent-to-the-guardianship

 

[justalayman]

Many people grant an “unofficial” guardianship to a relative for a variety of reasons. When little jimmy goes to live with grandma to go to school in her district; granny becomes guardian. When Susie was a bad girl and got pregnant and goes to stay with aunt Irma in California; Irma gets granted a guardianship. A guardianship does not have to be court sanctioned.

I grabbbed that link because it was the first in a zillion hits on temporary guardianship.

And don’t get hung up on the temporary thing. Even life is temporary but a temp guardianship lasts as long as the involved parties want it to, or until dad comes and picks up his child.

 

[LdiJ]

Many people grant an “unofficial” guardianship to a relative for a variety of reasons. When little jimmy goes to live with grandma to go to school in her district; granny becomes guardian. When Susie was a bad girl and got pregnant and goes to stay with aunt Irma in California; Irma gets granted a guardianship. A guardianship does not have to be court sanctioned.

I grabbbed that link because it was the first in a zillion hits on temporary guardianship.

And don’t get hung up on the temporary thing. Even life is temporary but a temp guardianship lasts as long as the involved parties want it to, or until dad comes and picks up his child.

OP, I recommend that you get a consult with a local attorney.

 

[Ohiogal]

OP, I recommend that you get a consult with a local attorney.

An attorney local to Ohio -- HEY GUESS WHAT I AM LICENSED IN OHIO -- already answered OP.