If I still have my parental rights can my grandmother, who has custody of my child, sign my child over to someone outside the family for before or after she dies?

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If I still have my parental rights can my grandmother, who has custody of my child, sign my child over to someone outside the family for before or after she dies?

Asked on September 10, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you want to know is if a party has legal custody of a child can they grant that right to another?  The answer is two fold: they can probably grant temporary guaridanship  to another for various reasons under your state law.  But I highly doubt that they could grant real custodial rights with out the consent of the court.  And then at that point you may want to jump in to regain custodial rights.  Speak with an attorney in your area.  Good luck.

 


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