Custody of my niece.

[LadyBugg]

Jurisdiction

South Carolina

I was wondering if I could get custody of my niece, and where to start. My younger brother called and told me that he wants to sign his parental rights over to me due to personal reasons. I am willing to do this, but I have no idea where to start. Should I just go to family court, do we need an attorney, and do we need her mother to be present to agree? We aren't trying to sign over the mother's rights, just my brother, the father's parental rights. It's an odd situation in my opinion, and I'm not sure what to do and where to begin trying to so this.

 

[mightymoose]

The mother would get the child before you ever would.
Your brother can't simply give up his responsibilities. If he is having trouble I suggest he, or you, contact social services. They will make sure the child is taken care of through whatever is going on.
Is there an existing custody/visitation order from the court?

 

[army judge]

I was wondering if I could get custody of my niece, and where to start. My younger brother called and told me that he wants to sign his parental rights over to me due to personal reasons. I am willing to do this, but I have no idea where to start. Should I just go to family court, do we need an attorney, and do we need her mother to be present to agree? We aren't trying to sign over the mother's rights, just my brother, the father's parental rights. It's an odd situation in my opinion, and I'm not sure what to do and where to begin trying to so this.

You can contact children's services in your state, and volunteer an an emergency caregiver for the child.

Before you become too involved in this, does your brother have physical custody of the child, or does that belong to the mother?

No need to answer that question for me, you need to know it before you get too excited about helping the child.

If the mother has physical custody, legal physical custody, your brother has NOTHING to give to you.

If your brother wasn't married to the child's mother when the kid was born, he has no custody to give to you, either.

 

[LadyBugg]

Maybe I didn't explain it well enough. There is no existing order of custody, they are still married, live together and all that. But he wants me to basically be his daughters legal guardian in a way. I'm not sure how to explain it, because I'm not sure about the legal stuff and how it all works. Basically he wants me and her mother to share custody, if that makes since. As I said, it's an odd situation...
To put it in the short version of a very long winded explanation of the situation, he has is demons, and he's scared if she left him some day that she would take his daughter away, and he wants me to be legally involved to help, be the backup, the rock that stays in place to make sure he doesn't get his daughter taken away from him. Regardless of his issues, my brother is a great father to his daughter, her mother is a great mother to her as well, but he worries and he wants to feel more comfortable. We aren't trying to take anyone's kid away from either parent.

 

[army judge]

Maybe I didn't explain it well enough. There is no existing order of custody, they are still married, live together and all that. But he wants me to basically be his daughters legal guardian in a way. I'm not sure how to explain it, because I'm not sure about the legal stuff and how it all works. Basically he wants me and her mother to share custody, if that makes since. As I said, it's an odd situation...
To put it in the short version of a very long winded explanation of the situation, he has is demons, and he's scared if she left him some day that she would take his daughter away, and he wants me to be legally involved to help me the backup, the rock that stays in place to make sure he doesn't get his daughter taken away from him. Regardless of his issues, my brother is a great father to his daughter, her mother is a great mother to her as well, but he worries and he wants to feel more comfortable. We aren't trying to take anyone's kid away from either parent.

That is even worse.

I suggest you stay as far away from this as you can.

What your brother desires will never happen, ever, and you don't need to be placed in the middle of their marital drama.

 

[KatDini]

What you're describing is not going to happen. Your state's laws may permit a 'standby guardianship', if anything should happen to brother and his wife. They can check with a local attorney to see if such is possible.

 

[leslie82]

I was wondering if I could get custody of my niece, and where to start. My younger brother called and told me that he wants to sign his parental rights over to me due to personal reasons. I am willing to do this, but I have no idea where to start. Should I just go to family court, do we need an attorney, and do we need her mother to be present to agree? We aren't trying to sign over the mother's rights, just my brother, the father's parental rights. It's an odd situation in my opinion, and I'm not sure what to do and where to begin trying to so this.

People can't just willy nilly relinquish their parental rights. Kids aren't property to just pass around either. Also - if there's a mother you have to get her permission to adopt. That's what you would have to do - adopt the kid. It takes both parents to allow that. Usually only with stepparent adoptions.

Why doesn't he want rights to his child anymore? He can always talk to the mother and if she's married her husband could adopt the child.

 

[leslie82]

Maybe I didn't explain it well enough. There is no existing order of custody, they are still married, live together and all that. But he wants me to basically be his daughters legal guardian in a way. I'm not sure how to explain it, because I'm not sure about the legal stuff and how it all works. Basically he wants me and her mother to share custody, if that makes since. As I said, it's an odd situation...
To put it in the short version of a very long winded explanation of the situation, he has is demons, and he's scared if she left him some day that she would take his daughter away, and he wants me to be legally involved to help, be the backup, the rock that stays in place to make sure he doesn't get his daughter taken away from him. Regardless of his issues, my brother is a great father to his daughter, her mother is a great mother to her as well, but he worries and he wants to feel more comfortable. We aren't trying to take anyone's kid away from either parent.

Well if they're still married then no he can't just give up his rights.

If she divorces him, the courts decide on custody. That's on him. But if he relinquishes his rights then that daughter will be a legal stranger to him and he to her.