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Can a biological mother transfer child custody to another family on a temporary basis

hi, my name is mary and i want my daughter to live with another family temporarly. how i do that legally without getting into trouble.

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Attorney answers (2)

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Reputation Level 14
I'd be careful about this one. Before I would advise anyone to transfer custody of her child to a third party, even on a temporary basis, I'd want to know more about the situation to determine if that is the appropriate remedy. Here in Arizona, you could get stipulated emergency temporary custody orders and request a hearing with the judge to explain the circumstances and request temporary orders specifying exactly what powers the temporary custodians have and HOW TO REVOKE THE EMERGENCY ORDERS. That's my main concern, getting rid of the orders later on. If the orders are going to be more than temporary, the court may determine that you have abandoned the child and revoke your parental rights. Consult a local attorney to see what types of legal remedies are available for you. If you can't afford an attorney, you can always try appearing before the judge with the proposed temporary guardians to see if the judge can't issue orders that fit your situation.

Good luck.

Reputation Level 14
Yours is a precarious situation. Before granting a guardianship to someone else (that's your 'transfer'), the Court will ask about the father: where is he? Why can't the child be with him? Also, once you 'give away' a child, it is often more difficult than you realize to reverse that. If the guardians feel that the child is best left with them, or the child is very young and then bonded with the couple, the Court will leave the new living situation in place. It's best to meet with an attorney in your area that deals in Probate matters and get good guidance. Do it soon. Good luck to you!

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