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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If someone wants to sign their parental rights over to

Customer Question

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: 9 months ago.
Category: Family Law
Expert:  Ely replied 9 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.

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.

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Expert:  Ely replied 9 months 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!

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