How do I give up parental rights to my mother, if we are both willing?
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How do I give up parental rights to my mother, if we are both willing?
Asked on September 29, 2012 under Family Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you wish to give up your parental rights, please understand that means it would be permanent as opposed to a temporary guardianship. Both of you should sit down with a lawyer and discuss the process wherein you need to give up your parental rights and the court hearings you will endure in order to give those to your mother. The court will need to weigh all factors to determine if it could grant it.
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have one of two options and both can be done by agreement. The first is for one of you to file a custody suit, which in Texas is called a "Suit affecting parent-child relationship." You can then enter agreed orders which make her the managing conservator over the child. This will give her all of the duties and rights of a regular parent. (like consenting to medical treatment, enrolling child in day care or school...) You may or may not be named a possessory conservator with visitation rights.
Your second option is for your mom to legally adopt the child. This is done first by terminating your parental rights through the same type of suit discussed about, but combined with an adoption petition. This not only gives her all of the powers and duties of any parent, it completely terminates your rights and duties.
You don't mention where the biological dad is at in all this.... but under either option, he'll have to be notified so that he can agree or disagree with the outcome.
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