Need advice for a family member!!!
Okay so SO's uncle had a baby with a woman and she is not a good person (long story).
Well his Uncle has been watching the baby 100% of the time, the mom will take him for a few hours here and there but she just can't handle it apparently.
She sent him a text a little bit ago saying she wanted to sign her rights over to him (I saw the text).
How does his Uncle go about making that real? Does he need to go to court or can shs just write a letter and Uncle have it notarized? He just has no idea what to do so any advice would be appreciated 
And it's not like SO and I have any experience with a BM that doesn't WANT her kid you know?
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I'd start by immediately
I'd start by immediately getting her to sign a motorized letter giving him full custody, before she changes her mind. Then he needs to meet with a lawyer to draw up more binding documents.
We got full legal custody of SD that way. Bm signed and notorized a paper saying that she gives full custody to dh. We then took that paper to child support to file, so that in turn gave us legal papers signed by the child support judge that acknowledged that dh had full and complete legal custody of SD.
thank you!
thank you!
But let me just add the
But let me just add the caveat that our custody has never been tested.
Bm2 has never come back to fight to regain custody or visitation of SD....so I can't say for certainty how this method will hold up in court if she were to change her mind. Which is why o reccomend he talk to a family law attorney. Both dh and bm are under the impression that the whole deal is legally binding and completely iron clad....I am not so sure. But unless bm ever tries to fight for SD its good enough.
I can't believe that they
I can't believe that they would go by a notorized piece of paper at the ag office. But that was just to change custody not to remove a parents rights?? I would get a notorized paper from BM like peanutandsons said because I do agree that that would be helpful. I would keep that text too.
The state I'm in alot of the time will not remove a parents rights unless there is someone to adopted that child. The reason behind this is if the one parent were to pass away who would take the child? That would leave the child a ward of the state. I have seen a parent loose their rights while going through CPS. That happens alot around where I live. I would consult the ag office for your state and ask them. If they can't help maybe a Father Rights group from your state.
Yes, it was just to establish
Yes, it was just to establish custody...not to terminate her parental rights. She currently has no custody or visitation but still has all her parental rights.
Again, had she changed her mind and decided to fight it at the child support hearing, I don't know how legally binding the original noterized letter would have been. At this point she would have to go through the courts to petition for visitation or custody since we have the signed child support order acknowledging that we ha e her full time. I don't think her letter would hold much weight if she chose to do that....dh seems to think is legally binding.
But it was a cheap and easy way to get it legalized without anyone retaining a lawyer and paying court fees.
I went through a paralegal
I went through a paralegal service that draws up legal paperwork; they prepared everything and submitted it to the court and then told me when and where to show up (when BS11's dad wanted to sign over his rights). I showed up at the courthouse, the judge looked it over and said nothing other than, "Is this true and honest information, ma'am?".. I said, "Yes sir".. and that was it.. he granted it and it was over and done with.
Thanks everyone I will send
Thanks everyone I will send him all these comments
Tell him to go to court. She
Tell him to go to court. She may change her mind later on, if just to get a dime or some benefits.