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isabrancato · Nov 1, 2011, 01:25 PM

My cousin has 2 children... a 10 year old and a 7 year old. Her 7 year old is by her husband, but the older child she had before they were married. He never adopted the older child. Now they are separated and she is doing drugs and moving from place to place. She is taking her child with her. The child hasn't been enrolled in school for 6 weeks.

CPS is now involved. The biological father is willing to sign over his parental rights to the husband... since the husband has the means to take care of the child. According to CPS they can just go sign some papers, have a Notary stamp it, and the husband now has the rights. The point is to get the child away from her mother.

Is this true? Can this work?

JudyKayTee · Nov 1, 2011, 01:45 PM

Here is the info - Is CPS talking about guardianship of the child?

If that's what CPS is telling you I would assume that's the law in your State - what State, by the way, is this in?

Here's more info - https://www.askmehelpdesk.com/family...st-116098.html

isabrancato · Nov 1, 2011, 01:58 PM

Thank you for your response.

I had searched this site and saw that post.

There isn't time for an adoption to take place. Plus the mother wants to use her daughter as her crutch and best friend. The goal is to get the child away from her mother.

The biological Father is willing to do whatever he can to give the husband say over the child

isabrancato · Nov 1, 2011, 01:59 PM

And it is Missouri

JudyKayTee · Nov 1, 2011, 02:03 PM

I'm going to answer a question with a question - why doesn't the bio father just take custody of the child? Then HE can attempt to give guardianship to the stepfather.

The bio father has a direct cause to take the mother to Court and get the child taken away.

Someone has to act to protect the child (and it appears that that is exactly what you are doing).

Has anyone spoken to an Attorney?

ScottGem · Nov 1, 2011, 03:03 PM

No they can't just sign some papers to transfer rights. For the husband to get guardianship would require that CPS take the child from the mother. If the legal father is in agreement they can give temporary guardianship to the husband.

isabrancato · Nov 1, 2011, 08:07 PM

The biological father has not been involved much until recently. Although I used to think poorly of him... he was in prison and involved in drugs... he has really turned his life around. Unfortunately, he has no means to care for the child. He just moved in with a friend. He doesn't have a stable job. He want's to help the best way he can and we all think that is to get the child to the husband.