Can Rights be signed over if Going to jail

[obarosa]

My son has Joint Legal Custody of his 2 year old. He may have to spend some time in jail for traffic violations. Can he sign his parental rights over to me while he is incarcerated ? Will visitation and custody agreement pass to me. Bio Mother is neglectful and uses drugs and we are afraid of what will happen to the child if she has sole custody of her during this time.

 

[Duranie]

You are going to need to petition the courts for temporary custody.

The son cannot bypass the mothers rights and appoint guardianship over to you.

You as a grandparent have no rights over the mother. You are going to have to prove the drugs and the neglect. See an attorney. If the mother has joint legal now and sees the child, you are going to have hard time convincing the courts the child is better with you.

It seems to me that neither the mother or father have their act together at all.

 

[Duranie]

I forgot you add, since the father is going to jail, it is possible you might be able to get visitation rights. The mother, right now, has legal rights to the child and she is under no obligation to allow you to see the child, unless a court order tells her to.

 

[obarosa]

I don't want to take over complete custody of the child, just have her the times my son would have her per the custody aggrement in effect now. Yes they both need to straighten out, I'm just playing the hand I've been delt and trying to watch out for the little one.

 

[Duranie]

He cannot a sign over guardianship, but if he has visitation then yes you can see the child on the time your son is supposed to have him. You have a far better chance of that than getting custody. If she stops visitation since he is injail, he would need to file contempt charges.