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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16370
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Parents say they will sign over custody to me I am the grandmother.

Customer Question

parents say they will sign over custody to me I am the grandmother. What do I have to do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Legalease replied 2 years ago.
Hello there --
You have to go to the clerk's office at the family court in your county and ask them for the forms for "Modification of Custody" - every family court in every state has forms that you can complete for divorce, custody, visitation and child support (its when matters get complicated, such as if the custody change is contested by the parents, that you need a lot of paperwork that would have to be drafted from "scratch" by you or your attorney). Here, if the parents are in agreement with these matters then you should pick up the paperwork and complete it there at the court house and seek a hearing date (the clerk of courts will have to put the matter to a judge if you want an actual legal court order that custody has been transferred to you). Depending upon how busy the court is, you could get a hearing date in a few days or it could take a few weeks.
Bring the birth certificate of the father with you and if both parents are not able to appear with you, then you should get a written statement from the parent that is not able to appear in court and attach it to the Modification of Custody request (the written statement should have the date, the parents agreement to sign over custody to you either permanently or temporarily and the signature of the parent should be notarized (you can generally find a notary at your bank or credit union for free or very low cost). There are no EXACT words that must be put into such a statement and it can be a very simply statement "I, John Doe, father of Jimmy Doe, my son born on XXXXXXXXXXXXXX hereby transfer physical custody of Jimmy Doe to his grandmother (your name). And then the parent should take the statement to the notary and sign it in front of the notary so the notary confirms that it is actually that parent that signed the statement. That way the court will have all of the paperwork in order and in the file by the time you have the hearing and can use in court statements and any written statements to authorize the transfer of custody over to you.
The judge might ask a few questions about your home life at the hearing and where the child will live and go to school -- but if there is no involvement at this time with the local children's services department and no one objects to the transfer of custody, then there should be no problems at all.
I hope that helps. Please let me know if you have further questions. If not, can you please press a positive rating underneath this ANSWER box so I will be paid for my time. THANK YOU VERY MUCH
Expert:  Legalease replied 2 years ago.
Hello again --
I note that you reviewed the answer earlier this evening. Can I answer anything further for you ? If not, can you please press a positive rating under this ANSWER box so I will be paid for my time assisting you this evening? I truly am paid NOTHING unless you press a positive rating below. Doing so will not cost you any additional money -- it simply works as a trigger to Just Answer to pay me for my time assisting you tonight.

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