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    mickeymichel71's Avatar
    mickeymichel71 Posts: 9, Reputation: 1
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    #1

    Jul 6, 2010, 10:26 AM
    Can my daughter voluntarily give me custody of her son to me
    I wanted to know if my daughter can voluntarily give her son to me without going to court so that I can raise him and have custody of him?
    mickeymichel71's Avatar
    mickeymichel71 Posts: 9, Reputation: 1
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    #2

    Jul 6, 2010, 10:34 AM
    Do you have to go to court if a parent is volintarily going to give up rights
    Just a quick question.
    mickeymichel71's Avatar
    mickeymichel71 Posts: 9, Reputation: 1
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    #3

    Jul 6, 2010, 10:44 AM
    Power of attorney
    Just a quick question.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jul 6, 2010, 10:44 AM

    Hello m:

    A parent CAN'T give up his rights no matter how much he wants to. So, no. There's no going to court about that. Custody and child support are what you go to court for.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 6, 2010, 10:45 AM

    Okay, what's the question? I don't see one here.
    mickeymichel71's Avatar
    mickeymichel71 Posts: 9, Reputation: 1
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    #6

    Jul 6, 2010, 10:45 AM
    How do I get power of attorney over my grandson
    Just a quick question.
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #7

    Jul 6, 2010, 10:45 AM

    Why wouldn't you want to go through court? Are you wanting temporary custody? Permanent custody? Adoption? Will she still be in the picture at all?

    If you plan to raise him as your own, I can't think of any reason you wouldn't go through the courts. If she just hands him over to you with no paperwork of any sort you won't be able to register him for school or even authorize medical care. And if she were to change her mind later on and want to raise him herself that could turn into a messy situation for you if you were never named as his legal guardian.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jul 6, 2010, 10:46 AM

    Please stop posting the same question.

    Your Grandson can sign a P/A over to you OR if there are mental or other problems the Court can appoint you as P/A.

    It's not a power "over" your grandson - powers are often limited to strictly financial matters.
    mickeymichel71's Avatar
    mickeymichel71 Posts: 9, Reputation: 1
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    #9

    Jul 6, 2010, 10:47 AM
    How do I get power of attorney over my grandson
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Jul 6, 2010, 10:48 AM

    Please don't post your question in the title of the thread - post whatever it's about and then ask the question.

    Excon is right - a parent can't simply give up custody.

    If this has anything to do with your other threads about P/A all of your threads need to be combined and I have asked a moderator to look at this.

    Please ask a complete question, giving all relevant info, so that "we" can give you the correct advice.

    And Excon is right.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jul 6, 2010, 10:49 AM

    A parent can't simply "give" her son to you - if you are asking about custody or adoption, please state the facts.

    Also I have asked that your 4 threads be combined so that "we" have some idea what the situation is.
    mickeymichel71's Avatar
    mickeymichel71 Posts: 9, Reputation: 1
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    #12

    Jul 6, 2010, 10:51 AM
    Sorry. My grandson is four years old.So my daughter and I would have to go to court then?
    mickeymichel71's Avatar
    mickeymichel71 Posts: 9, Reputation: 1
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    #13

    Jul 6, 2010, 10:56 AM
    Ok this might help.I have been takeing care of my grandson sense he was born my daughter doesn't work she pretty much leaves when she wants and leaves her son with myself or her sister.iam the only one that supports him financially and physically.so that's why I was asking if she can or can I have custody of him or have p/a.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Jul 6, 2010, 10:57 AM

    Okay, got it - you could go to Court. Explain the situation, provide proof, ask for temporary custody and/or guardianship. The child would have to be in danger in order for the Court to help you.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #15

    Jul 6, 2010, 11:00 AM
    Quote Originally Posted by mickeymichel71 View Post
    Sorry. My grandson is four years old.So my daughter and I would have to go to court then?
    No. If your daughter is willing to sign a POA giving you certain rights with respect to your grandson, that would work. Note, however, that a POW can be revoked by the person who has signed it (your daughter, in this case), at any time.

    If, however, you want custody of him and his mother (your daughter) doesn't agree, then you would have to go to court.

    Did I correctly guess what you wanted to know?
    mickeymichel71's Avatar
    mickeymichel71 Posts: 9, Reputation: 1
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    #16

    Jul 6, 2010, 11:01 AM
    Okay.so I just found out that she has been doing drugs,not around my grandson or in my house. What other things would the court look at as far as being in danger?And is there any way that she can just voluntary give mu custody of my grandson or pa?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
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    #17

    Jul 6, 2010, 11:09 AM
    >Multiple Threads Merged<
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #18

    Jul 6, 2010, 12:07 PM

    A child has to have a LEGAL guardian to make decisions for them. Only a court can assign guardianship to a person other than the biological parents. Therefore, you would have to go to court to be legally able to do things like make medical decisions, register the child fro school, etc.

    A Power of Attorney, is generally not enough here because a POA is granted by an adult to allow someone else to make certain decisions for them. Your grandson can't sign the POA and the mother can't assign rights to him to someone else.

    If the mother agrees, you can probably get legal guardianship without a big hassle.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #19

    Jul 6, 2010, 01:41 PM
    Quote Originally Posted by ScottGem View Post
    ... A Power of Attorney, is generally not enough here because a POA is granted by an adult to allow someone else to make certain decisions for them. ...
    That would be a different kind of a POA.


    Quote Originally Posted by ScottGem View Post
    Your... mother can't assign rights to him to someone else.
    ...
    It all depends upon whether schools, medical care providers, etc. will recognize such an assignment. In my experience, they usually will.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #20

    Jul 6, 2010, 02:15 PM

    How old is the daughter and where is the father in all this mess? Is he paying child support ordered by the courts?
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