Guardianship is Not Adoption
There seems to be some confusion out there about a parent’s rights to his or her child when someone else has guardianship over that child. Guardianship and adoption are similar is some ways, as someone other than the biological parent, whether it be a family member or a family friend, takes over the parenting responsibilities over a child, including daily care and legal decision-making authority; but that is really where the similarities end. Guardianship is not an adoption
Signing Over Rights: Part Three
When I hear a parent saying that they lost their rights to their child, my first thought is always that the state took custody or the child was adopted; as those are the only ways a parent can lose their rights over a child. Even when a parent elects a guardian for the child, the parent does not relinquish his or her rights, they merely delegate his or her decision-making authority to someone else for a time. What many people mean when they say they lost their rights, is they
Signing Over Rights: Part Two
I am often asked if one parent can sign over his or her rights to a child. Usually, this question comes when either the noncustodial parent has had little involvement with the child, or would like less responsibility regarding the child; or, when the custodial parent wants to eliminate the noncustodial parent’s involvement with the child. The short answer is no; you cannot sign over your rights. In the courts eyes, if you made a kid, you are responsible for that kid. You do
Signing Over Rights: Part One
There’s a lot of misunderstanding out there about whether or not a parent can lose or voluntarily sign over rights to his or her child. Parental rights can only be severed when there is someone available to take the parent’s place. The rule of law in family and juvenile law matters is “best interests of the child”, understandably, the state’s position is that it is better for a child to have a parent and or caretaker, then to be floating around, "bastardized". (Yes, that is