Q: If the last living parent of a minor want to voluntarily give up parental rights to the minor older siblings with out
having to go through the court system how would she go about it? The child reside in CA and the siblings are in MN. Would the siblings need to get a lawyer from MN or CA? Is a lawyer needed if she voluntarily give up her parental right? What kind of documents would be needed? The minor do receive survival benefits. What will happen to those benefits? Will it transfer over?
A:
Termination of parental rights would require a court proceeding. If the child resides in California, California would have jurisdiction. A judge would probably need the mother to consult with a lawyer before granting her request. The child would most likely be appointed an attorney (or guardian ad litem.) The documents required would differ significantly depending on the circumstances and objectives. The term "older siblings" is incredibly vague, but a California attorney would most likely be required for representation and a Minnesota attorney needed for consultation at least.
Rob Kane
Licensed in California and Minnesota
Eagan Family Law Attorney
Orange County Family Law Attorney
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