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Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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how can a mother sign over temporary custody to a person who

Resolved Question:

how can a mother sign over temporary custody to a person who is not family? And her family members are trying to take the child
Submitted: 5 years ago.
Category: Legal
Expert:  Legalease replied 5 years ago.

Hello. The mother can go to the closest family court (clerk's office) with the person that she wants to sign over the child to and they would fill out a temporary guardianship form at the court, submit the form at the clerk's office and a hearing in front of a judge will be ordered on the matter. If there is anyone else who would have an interest in the petition, then they would have to be notified of the hearing date and be given the right to object (the only person who could legally object would be the biological father if he is listed on the birth certificate as the father). The judge will quiz the mother closely on why she wants to do this. If other family members have issues with signing over guardianship to a non-family member, they can also show up and object. If there are issues and problems here with parenting on the part of the mother and the family members believe that she should not be signing the child over to a non-family member, then someone should call the Department of children's services to have them get involved in the matter -- and then they will give the court a recommendation regarding who should have custody (and they almost always go with a family member).




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