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transfer of guardianship

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youngpapa

Junior Member
What is the name of your state (only U.S. law)?Texas
Can our daughter transfer guardianship to us of granddaughter?
 
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justalayman

Senior Member
Are there any courts currrently involved that may have temp guardianship over the child? Where is the father?

If a court holds a temp guardianship then the mother cannot assign what she doesn’t have.

If the father is present, it will depend on the legal situation involving the mother, father, and children.
 

youngpapa

Junior Member
Are there any courts currrently involved that may have temp guardianship over the child? Where is the father?

If a court holds a temp guardianship then the mother cannot assign what she doesn’t have.

If the father is present, it will depend on the legal situation involving the mother, father, and children.
No courts involved, father is in military prison at the moment.
We have been pretty much sole care givers since 3months old. She did not take to being a mother and we are worried when he gets out she will just give custody to him.
 

justalayman

Senior Member
No courts involved, father is in military prison at the moment.
We have been pretty much sole care givers since 3months old. She did not take to being a mother and we are worried when he gets out she will just give custody to him.
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.
 

youngpapa

Junior Member
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.
But he would have to fight us for custody since she gave us guardianship correct?
He was convicted of an aggravated sexual assault. So hoping the courts would side with us if he decided to fight for custody.
 

justalayman

Senior Member
But he would have to fight us for custody since she gave us guardianship correct?
He was convicted of an aggravated sexual assault. So hoping the courts would side with us if he decided to fight for custody.
No, not correct. She cannot give away his rights and a legal parents rights are superior to any other
 

youngpapa

Junior Member
No, not correct. She cannot give away his rights and a legal parents rights are superior to any other
So it would do no good for us if she signed her rights over to us, he could still just come and take her?
And thank you very much for your help in this, it's scaring the crap out of us.
 

justalayman

Senior Member
So it would do no good for us if she signed her rights over to us, he could still just come and take her?
And thank you very much for your help in this, it's scaring the crap out of us.
It’s going to depend on any current custody order, if there is one. Given the charge it would behoove you to Seek custody through the courts which would give you. Standing in the courts to object to his efforts to claim custody of the child. P
 

LdiJ

Senior Member
No, not correct. She cannot give away his rights and a legal parents rights are superior to any other
Yes, she can give you guardianship or custody. If the father legally has physical custody of the child (even though he is in prison and cannot exercise his custody) then he would have the right to take the child.

However, if he and the mother were not married and have never been to court regarding the child, then no, he could not take the child from you without going to court and getting custody or parenting time.

You could also look into adopting the child. Depending on the nature of the father's crimes, its possible that his rights could be voluntarily terminated.
 

justalayman

Senior Member
Yes, she can give you guardianship or custody. If the father legally has physical custody of the child (even though he is in prison and cannot exercise his custody) then he would have the right to take the child.

However, if he and the mother were not married and have never been to court regarding the child, then no, he could not take the child from you without going to court and getting custody or parenting time.

You could also look into adopting the child. Depending on the nature of the father's crimes, its possible that his rights could be voluntarily terminated.
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.
There are a lot of unknowns here but suggesting grandmothers rights are superior to the fathers is misleading the grandmother. In general they aren’t.

You’re wrong about if the parents were never married and never to court. If the father is on the birth certificate he has all rights of a father. Again, grandma’s rights do not supercede the father’s until a court says otherwise b
 

Ohiogal

Queen Bee
Father would have to be served before guardianship is “given”. If paternity not established then all putative fathers and John Doe would need served
 

LdiJ

Senior Member
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.
There are a lot of unknowns here but suggesting grandmothers rights are superior to the fathers is misleading the grandmother. In general they aren't.

You’re wrong about if the parents were never married and never to court. If the father is on the birth certificate he has all rights of a father. Again, grandma’s rights do not supercede the father’s until a court says otherwise b
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.
 

Zigner

Senior Member, Non-Attorney
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 state that JAL is "completely wrong" and then go on to, in essence, repeat what he said. :confused:
 

LdiJ

Senior Member
You state that JAL is "completely wrong" and then go on to, in essence, repeat what he said. :confused:
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.
 

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