Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

If someone wants to sign their parental rights over to

Customer Question
another person, what is the...
If someone wants to sign their parental rights over to another person, what is the process? Also what if child was taken from home by DEFACS?
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
9/26/2016
Family Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

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.

I am going to assume that this is in Georgia. Let me know if otherwise.

Assuming so, then the Petition for Legitimation & Custody/Visitation has to be filled out and filed with the Court. See HERE. The Court will then likely assign an ad litem/amicus for the child and may order a home review for the petitioner to confirm that they can take care of the child properly. Assuming this is passed okay, the Court will then decide whether or not to agree to the custody modification.

Note that if DEFACS is involved and has already taken the child out of the home, this complicates the matter. In this case, the parent does not have full authority to give all custody away - DEFACS has to agree. This is because if DEFACS as taken the child out of the home, they did so with the court's order. DEFACS has statutory right to stand in for custody of the child, and likely have done so in such a situation. Ergo, they have temporary (or permanent, depending on the situation) custody of the child and have to agree to any custody modification.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

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.

Ask Your Own Family Law Question
Family Lawyer: Ely, Counselor at Law replied 1 year ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,687
102,687 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,687 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
How would I go about signing off of my parental rights to my
How would I go about signing off of my parental rights to my child … read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
My daughter recently had her parental rights for her
My daughter recently had her parental rights for her daughter terminated, and KY SUPREME COURT denied looking into case. Some important information was lost and not all the fact were presented. Key pr… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
My minor children are in dfcs custody. My parental rights
My minor children are in dfcs custody. My parental rights have been taken away.they love with their grandpa. I am divorcing their father. Do I need to include them in my divorce since custody won't be… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
If I lost parental rights to my child and she wants me to
If I lost parental rights to my child and she wants me to adopt her now as an adult, is that difficult? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
My baby's dad lost his parental rights to our oldest child
my baby's dad lost his parental rights to our oldest child but we have two children and he didn't lose the rights to the youngest. i am terminal with cancer and he is threatening to take the kids but … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My parental rights were terminated in 2015 and my children
My parental rights were terminated in 2015 and my children were adopted it's in California does my adult daughter have any rights to visit them or petition for custody of her siblings? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Have a question about parental rights, my sister just broke
Have a question about parental rights, my sister just broke up with her boyfriend/fiance and they share a child together. There is a court hearing coming up for physical abuse by the boyfriend but in … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need help hopefully reinstating my parental rights in the
I need help hopefully reinstating my parental rights in the state of Idaho. I signed my rights away in 2009. Since that time my daughter's mother has lost custody of her to due to felony drug charges … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I'd like to have my ex husband surrender his parental rights
I'd like to have my ex husband surrender his parental rights to my daughter. He is 31,500 in arrears on child support and does not have contact with her. Can he surrender his rights without having som… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I'm looking to terminate my parental rights/Inact Abandement
I'm looking to terminate my parental rights/Inact Abandement law within the State of New Mexico? I was accused of fathering a child and the court assigned me as the father without any DNA. I have neve… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I'm a grandparent that was giving parental rights to my
I'm a grandparent that was giving parental rights to my grandchildren. Me and my wife are split up and I'm unable to provide everything that my grandchildren need. I'm I able to sign custody of my gra… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I need assistance with relinquishing parental rights.
I need assistance with relinquishing parental rights … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Interested in step-parent rights. Divorced couple have two
Interested in step-parent rights. Divorced couple have two young sons ( 9 & 11); never sought a legal custody agreement or legal child support arrangements. Physical custody has been with the mother. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Are there any cases open for violating Parental Rights
Are there any cases open for violating Parental Rights within the State of Delaware? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I terminate parental rights if the father is in a
Can I terminate parental rights if the father is in a rehabilitation home and does not see the child? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Can a person be forced to give up any parental rights? My
Can a person be forced to give up any parental rights? My daughter has a son (4 years old) with an ex-boyfriend. They/we all live in NYS. Shortly after the boy's 1st birthday, the couple broke up. The… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
If my parental rights were terminated several years ago,
If my parental rights were terminated several years ago, would I still be able to get custody of a grandchild? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Subject is parental rights, Colorado. Is that something you
Subject is parental rights, Colorado. Is that something you can answer? need what the law is. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x