Child Custody Q & A — Can My Brother Sign Over His Parental Rights to Me?

by Janne Berry Osborne on November 17, 2012

in Child Custody, Deceased Parent, Domestic Relations, Jail

This is a Child Custody-Domestic Relations question that I answered on Avvo.com in 2011.

“My brother is in jail and wants to sign his rights over to me and the mother has passed away can that be done?  I want to get my brother’s son because his grandmother is old and cannot take care of him the way me and my wife can.”

MY ANSWER:

If your brother and the grandmother both agree, then you will be able to have an attorney prepare a consent order of custody. If only your brother agrees, you will need to have an attorney file an action so that the Court can decide who should have custody. If the grandmother also wants custody, she will have to retain an attorney and a Guardian ad Litem will have to be appointed to represent the child’s interests. All of this costs money and you will have to decide if you want to incur the expense. The grandmother will also have to decide if she wants to incur the expense. It is possible that she may decide to allow you to take custody — especially if you are willing to provide for her to have frequent contact and visitation with her grandson.

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