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Our daughter is signing over her rights to our granddaughter to us. our granddaughter is 15 and we want to know what to do next.

Brooksville, FL |

we have pretty much raised alexa and she is very clear she does not want to live with her mother. we are just not sure how to go about this..

Attorney Answers 6


  1. Don't forget that the father has to sign as well. Otherwise, he can take "custody" from you at any time.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


  2. When you say she is signing over her "rights" what are you implying? Has she signed something already? Is there a court order or pending action?

    You cannot just "sign away" parental rights. In your situation, it might be best for a motion for temporary custody by extended family if that is what you are seeking. I would recommend consulting with a local family law attorney for a more in depth consultation on this issue.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  3. It depends on how secure you want to be with regard to your parental rights concerning Alexa. Without a full out adoption, featuring consent by both parents, it will be more difficult to accomplish the adoption. Without the full adoption, then either parent could step back in (assuming their rights were not terminated) and exercise time-sharing with Alexa at any given time. You really need to see an adoption attorney unless you are okay with that uncertainty.

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  4. You can either do an adoption or a petition for relative custody. Option 2 is a lot easier and does not involve a termination of parental right.


  5. I also believe that you will require the assistance of an attorney in this matter. Even if you choose to pursue temporary relative custody (which can last until she is 18) instead of adoption, you still need to address her father. There are a number of options available- from informal and w/out court involvement to permanent and final adoption. It is not possible to simply 'sign over rights' to a child, although it is a somewhat common misconception. If it were possible, there would be a lot of absentee fathers doing so in the interest of avoiding child support.

    Legal disclaimer: this response is not intended to create any attorney-client relationship and is based on the limited facts given and should not be relied on as legal advice. It is recommended that you consult with an attorney before taking any action based on the foregoing statements.


  6. There are several possible ways to establish having your granddaughter live with you. Each of these methods has different legal rights and responsibilities. Each of the methods, likely many things in life, have different pros and cons. Some can be accomplished informally between the parties; come require a court order.

    I strongly suggest that you consult with an experienced family law attorney, who can guide you to a decision that will be best for your granddaughter.

    Many attorneys who post on Avvo offer free initial consultations.

    Nothing in this post should be considered as specific legal advice, since the attorney has not been made aware of all of the facts and has not reviewed the pertinent documents. Further, this post is for informational and educational purposes and does not establish a lawyer-client relationship.

    Eileen D. Jacobs, Esq.
    Office: 2505 W. Virginia Avenue
    Tampa, FL 33607
    (813) 877-9600
    Mailing: P.O. Box 14953
    Clearwater, Florida 33766-4953
    (727) 787-6595

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