I am trying to find out if there is a type of custody or guardianship that would uphold....?

Question

I am leaving for Rehab in 2 weeks and my husband is trying to talk me into signing over my rights to our child to him. He says that it would just be while I was in treatment. The only problem is....he will be in Iraq and she would live with my mother-in-law. He is saying that she would bring her to AL after I was stable. So I am worried that he will end up signing over rights to his mom (who would fight tooth and nail). I need to know if I dont sign over rights could he assign custody since I will be in rehab? Also is there any guardianship forms that we could use that say that I give up custody UNTIL I am done with rehab then I resume full custody again?? Thanks

Answer 1

Please honey, please don't sign anything except a statement that allows the temporary guardian of your child to seek medical treatment for your child. These people are trying to play a trick on you, do not fall for it. Its too easy to guilt a young mother into believing she is a bad mom, rehab does not make you a bad parent, it shows you are a caring parent looking to change your life for the better.

Your husband cannot sign over your child to his mother without your permission, do not be fooled into signing anything, seek legal counsel, call social services, but don't sign your child away.

Answer 2

I know about this guardianship thing, I had to go through this when my sisters dad wasn't taking care of her. Since he is in Iraq he technically can't care for the child, but if you sign over the child with out a contract stipulation then he will have full rights to do what he wants with the child. If the child is to live with the grandmother for a temporary amount of time you can get a temporary guardianship form that gives the grandmother health and legal rights to care for the child but as long as it's in writing and notarized that it is only temporary and you have put the date of termination on there then technically she will HAVE to give up the child when you're ready. You can also put in the contract that this temporary guardianship is only granted to her to make decisions about healthcare and legal care when it's an emergency (ie baby gets kidnapped by someone etc) but specify that the guardian (the grandmother) has no rights granted to do anythig that has to do with custody or extending the contract of guardianship. All this can be advised to you by a legal office and you can even get these forms online. In legal contracts it's important to be very specific of the intentions so as to prohibit the use of any loop holes by whomever is agreeing to the contract.

Answer 3

Hi!
You need to make sure that if you sign anything you sign only a Temporary Guardianship Document stating the start date & the date the Document ends on. (You can always extend the date if you need to)With a clause stating under NO circumstances am I giving up my full & legal rights to my child. That the document is for them to get her in school & Medical emergency care, & you have the right to withdraw this Document at anytime without any problems from any of the parties involved. That the Temp Guardianship cannot be transferred by anyone other then yourself at anytime. Also that no permanent decision’s can be made without your permission that can affect the rest of her life without your consent. I say this because I have been down this road with a friend of mine, & she almost lost custody of her daughter because of it. So the next time she was ill, I drew up a document making sure all bases were covered, and made several copie's of the signed, dated & Notorized document, myself keeping one for her, & one for each party involved. So there was no misunderstanding of her intentions to get her daughter back. I hope this helps.
Good Luck
hopeihelped

Answer 4

DO NOT SIGN ANY THING FOR ANY ONE NOT EVER TO HAVE NOT EVEN TEMPORARY GUARDIANSHIP OF ANY KIND OVER YOUR CHILD! I PROMISE YOU WILL NEVER GET THIS CHILD BACK IF YOU DO! THEY DO NOT NEED IT TO TAKE CARE OF YOUR SON WHILE YOUR IN REHAB!!!!!!!!!!!! I WOULD GET SOME ONE ELSE TO CARE FOR MY CHILD. THE REASON I KNOW THIS IS BEEN THERE!