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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My nieces mother wants to sign her rights away to my

Customer Question

My nieces mother wants to sign her rights away to my brother. How do we go about getting that taken care of?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Washington state
JA: Have you talked to a lawyer yet?
Customer: No it's voluntary she's willing and we aren't going to court we already have s letter she wrote but it's not an official form
JA: Since laws vary from place to place, what state is this in?
Customer: Washington state
JA: Anything else you think the lawyer should know?
Customer: She is on drugs and we need this info right away
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Family Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

In order to formally change custody or assign guardianship, they would have to go to court. Even if the matter is voluntary, a Judge has to sign off on the custody transfer for it to be binding.

For forms, see HERE. This kind of matter would be begun by filing the Non-Parent Custody Petition.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 4 months ago.
No I need paperwork for my brother he is he father! She is signing her rights over to the Father. The non parent paperwork you sent does not apply. He is the father and wants custody the mother is willing to sign her custody away!
Expert:  Ely replied 4 months ago.
Ah, my apologies. My answer stands the same with the exception of the forms. Please tell me ARE THEY MARRIED?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 months ago.
No they aren't married.
Sorry it's just such a terrible situation :(
I just want to be able to get this taken care of ASAP
Thank you
Expert:  Ely replied 4 months ago.
I completely understand. Thank you for your patience, as well. See the proper forms here:
The form is "Petition for a Parenting Plan, Residential Schedule and/or Child Support," but others will be needed as well depending on the situation.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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