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Can a Parent Transfer His Parental Rights to the Child's Grandparents

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  • 12-09-2014, 02:40 PM
    Vanlande
    Can a Parent Transfer His Parental Rights to the Child's Grandparents
    My question involves a child custody case from the State of: Florida

    My question is: If a father and mother of a child have divorced, is it possible for the father to transfer parental rights to the child's grandparents? Is outright adoption by the grandparents even a possibility? The mother would retain her rights, and the grandparents would simply step into the place the father was- if the ideal circumstances were met. Any information on this would be greatly appreciated.
  • 12-09-2014, 02:43 PM
    BooRennie
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Short answer: No.
  • 12-09-2014, 03:16 PM
    Dogmatique
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Quote:

    Quoting Vanlande
    View Post
    My question involves a child custody case from the State of: Florida

    My question is: If a father and mother of a child have divorced, is it possible for the father to transfer parental rights to the child's grandparents? Is outright adoption by the grandparents even a possibility? The mother would retain her rights, and the grandparents would simply step into the place the father was- if the ideal circumstances were met. Any information on this would be greatly appreciated.

    Longer answer:

    Absolutely not. Here's why:

    Mom's rights BY FAR outweigh those of either set of grandparents. Custody is not transferable in this manner, and if even one parent objects to the grandparents being involved at all, the grandparents will not get any court-ordered visitation. Period. Even if.

    As far as adoption goes, both parents would need to have their rights terminated in order for that to go ahead.
  • 12-09-2014, 04:44 PM
    llworking
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Quote:

    Quoting Vanlande
    View Post
    My question involves a child custody case from the State of: Florida

    My question is: If a father and mother of a child have divorced, is it possible for the father to transfer parental rights to the child's grandparents? Is outright adoption by the grandparents even a possibility? The mother would retain her rights, and the grandparents would simply step into the place the father was- if the ideal circumstances were met. Any information on this would be greatly appreciated.

    There is absolutely no method under the law for this to be even remotely possible.
  • 12-09-2014, 05:00 PM
    Dogmatique
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    There are times when I absolutely adore the state of Florida when it comes to family law.

    This would be one of these times. You know why :D
  • 12-09-2014, 05:09 PM
    llworking
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Quote:

    Quoting Dogmatique
    View Post
    There are times when I absolutely adore the state of Florida when it comes to family law.

    This would be one of these times. You know why :D

    I do indeed.
  • 12-09-2014, 06:02 PM
    Blossom
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Maybe I'm missing something, but how would a grandparent get custody of his or her grandchildren then? I've seen grandparents with custody of their grandchildren, due to the nature of my employment. I'm just curious how that works.
  • 12-09-2014, 06:09 PM
    Dogmatique
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Quote:

    Quoting Blossom
    View Post
    Maybe I'm missing something, but how would a grandparent get custody of his or her grandchildren then? I've seen grandparents with custody of their grandchildren, due to the nature of my employment. I'm just curious how that works.


    If both parents agree, the grandparents can have custody.

    If not, they'll have to go through the court, and CPS.

    It's the same in all states.

    But in terms of visitation, nope. Not a chance. More chance of the Raiders winning the SuperBowl this year.
  • 12-10-2014, 05:05 AM
    llworking
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Quote:

    Quoting Blossom
    View Post
    Maybe I'm missing something, but how would a grandparent get custody of his or her grandchildren then? I've seen grandparents with custody of their grandchildren, due to the nature of my employment. I'm just curious how that works.

    Grandparents could have custody because parents voluntarily gave it to them, because parents are deceased, because parents are incarcerated, or because parents are found to be legally unfit by the courts/CPS. Grandparents can even adopt grandchildren in similar circumstances.

    There is no method under the law for the grandparents to step in as second parents. There is no method of adoption that would allow that. There is no method for custody either as second parents unless its by the agreement of both parents...same thing for visitation in FL, and virtually the same thing in the rest of the country...its just in FL that its set in concrete. One parent cannot voluntarily give his/her "rights" to grandparents over the objection of the other parent.
  • 12-10-2014, 10:02 AM
    Vanlande
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Quote:

    Quoting llworking
    View Post
    One parent cannot voluntarily give his/her "rights" to grandparents over the objection of the other parent.

    And if the other parent does not object?

    So what I'm getting from all this is that Grandparents have absolutely no legal right to see a grandchild, and there is nothing a father can do (short of bringing the child to them in person) to make it so they can have visitation with the child in his absence.
  • 12-10-2014, 01:00 PM
    BooRennie
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Quote:

    Quoting Vanlande
    View Post
    And if the other parent does not object?

    So what I'm getting from all this is that Grandparents have absolutely no legal right to see a grandchild, and there is nothing a father can do (short of bringing the child to them in person) to make it so they can have visitation with the child in his absence.

    And that's the way it is. They could make nice with Mom.
  • 12-10-2014, 02:44 PM
    llworking
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Quote:

    Quoting Vanlande
    View Post
    And if the other parent does not object?

    So what I'm getting from all this is that Grandparents have absolutely no legal right to see a grandchild, and there is nothing a father can do (short of bringing the child to them in person) to make it so they can have visitation with the child in his absence.

    Correct. Grandparents have no legal rights to their grandchildren, at all, in Florida.
  • 12-10-2014, 04:12 PM
    Dogmatique
    Re: Father Trasferring Guardianship And/or Parental Rights to Grandparents
    Quote:

    Quoting Vanlande
    View Post
    And if the other parent does not object?

    So what I'm getting from all this is that Grandparents have absolutely no legal right to see a grandchild, and there is nothing a father can do (short of bringing the child to them in person) to make it so they can have visitation with the child in his absence.


    Yep.

    Just to emphasize what the other very well educated and experienced posters...

    There are two states in the US where grandparents have absolutely no standing to petition the court for visitation. These states are Florida, and Washington.

    I do recall maybe one or two, but we're talking about extreme circumstances to say the least.

    And that's how it should be.
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