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Signing over rights of 1 parent to a third party
I have had legal custody of my niece for 4 years. We (the biological parents and I) have gone to court numerous times over the years. All of those times the judge had felt that it was in the best interest of the child to stay with me, not her biological parents. The most recent court date has taken a turn as the childes biological mother has said that she does feel that the best place for her child is with me. She wishes to give her rights up to me and move on with her life. Does the biological father have any say in this or is she able to do this without his permission? If so then does that mean that I am considered mom and he would be up against me for the child? He has already had 1 child removed from the home and kinship legal guardianship has been given to the grandmother of that chields dad(2 separate dads - same mom- dad of the child I have custody of had abused the older child of the two). Can she give or transfer her right of mom to me without the biological father?
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She can sign over her personal parental rights to you, but he would retain his unless he decided to do the same. He would still be "daddy", but you would basically be the legal guardian "mommy" figure. He would be able to petition for custody of the child if he wishes, but sounds to me like he doesn't want to or wouldn't win. Talk to a family lawyer if you have any concerns about it.
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Thank yo for the response. He always wants to but he continues as he has for the last 4 years to be very unstable. It isn't even a drug or alcohol addiction issue. He is just very out there and is incapable of handling any children. Especially this one as she has autism spectrum disorder. Psycologicals have even all been failed by this man. It's sad but at least after 4 years her mother has gotten away from him and knows that both of her children are better off where they are and she wishes to make sure that it can stay that way. thanks again from a loving aunt in n.j.
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