I have a brother who recently was sent to prison for shaking his 7 month old. He is thinking about giving up his rights to his 2 children. If he signs over his rights to the mother will my parents loose grandparent rights?
Answer
Brother cannot just arbitrarily waive parental responsibility. He will most likely be under a restraining order to stay away from the children unless he is supervised. Mother can seek rights from him only if she has a new husband who wants to adopt as a step father.
Grandparents can, and probably should seek a formal order of visitation to protect their rights. This visitation would survive a step parent adoption.
They may call for a free consultation 801.725.0980.
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