My brother in law was sentenced to 9 years and just left. He is not married to the mother of his son, but they did live together before he left. He wrote a letter and had it notarized saying he gives all his parental rights to his mom while he is gone. My question is, is that legal and would it hold up in court? They are not married and have no custody agreement in place. This is in California.
1 Answer from Attorneys
I’m afraid not. Parental rights and responsibilities cannot be given to someone else outside of a court ordered guardianship or a full blown adoption. Parental rights AND responsibilities, including legal obligations, are both powerfully protected AND powerfully enforced by law. So the law does not let people change, exchange, or transfer them without a court order.