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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115464
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Couple had a child. They do not live together. The man

Customer Question

Young couple had a child. They do not live together. The young man enlisted with the Marines. They both were required to sign a document that states he temporarily relinquishes his parental rights to his parents. He is now out of state for basic training and his parents seem to think that his visitation rights have transfered to them. I don't believe that is the law. What is the law regarding the above?
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, if he temporarily relinquished his parental rights to his parents, that means his parents can exercise the same rights that the father could have exercised had he not relinquished those rights. So, that means that them holding his parental rights (NOT GRANDPARENT'S RIGHTS) they can seek to pursue the same type of visitation that he could have pursued. So, they could actually go to court to get a reasonable visitation schedule like he could get.

Customer: replied 11 months ago.

I believe that this simple document might work like a power of attorney but not visitation of a child. Imagine giving custody to grandparents who are drug addicts or alcoholics, ex-con convicted of child abuse simply by signing a vague military form. Could you please look up the law regarding the issue.

Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply.

If all it says is "temporary relinquish parental rights" to his parents, your belief is incorrect I am sorry to say. You need to read that form closely for the wording and if it says "temporary relinquishment of parental rights" and nothing else, then they could fight for visitation (you do not have to just give it to them) and you can prove they are unfit if that is the case.

Actually, practicing family law, we see this all the time. So, you do not have to just give them visits if you believe them to be unfit, but they would have a right with his parental rights assignment to seek some visitation and you have to prove to the court that they are not fit.