Q: This is a guardianship case and I'm asking a question about my parental rights
I signed over guardianship to my parents while I was in prison, because living with my wife was in a safe place for my boys. Does this take away my parental rights, and the fact that my stepdad has been lying to the courts telling them that they don't know where I'm at, I'm a degenerate and have no address yet living with them and then getting mail at their address
A:
Signing over guardianship of your children to your parents does not automatically terminate your parental rights, but it does temporarily transfer legal custody of your children to your parents. As the biological parent, you still have certain parental rights, such as the right to have a relationship with your children, to make decisions about their welfare, and to seek custody or visitation rights in the future.
However, your stepdad's behavior of lying to the courts about your whereabouts and character is concerning and could potentially affect your parental rights. If the court believes that you are an unfit parent based on false information provided by your stepdad, it could limit your parental rights or even terminate them altogether. It's important to address these false statements with the court and present evidence to prove your fitness as a parent.
It's also important to note that if you want to regain custody of your children, you will likely need to go through the legal process of petitioning the court for a modification of the guardianship order. This process can be complex, so it's recommended that you consult with a family law attorney who can guide you through the process and help you protect your parental rights.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
